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HomeMy WebLinkAbout12-08-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, DECEMBER 8, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 63-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 73-08 PUBLIC HEARING ON A BILL TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET 74-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL RIGHTS-OF- WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD 72-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH .BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USE FEES AND DEDICATED FUND ~, 79-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS 80-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14- 56 AND 14-57 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS 81-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING LOSS RECOVERY FUND 75-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $320,000 FROM SOLID WASTE FUND (#610),$500,000 FROM WATER WORKS FUND (#620), $50,000 FROM RELEAF FUND (#655), $46,057 FROM HALL OF FAME DEPRECIATION FUND (#677),AND $800,000 FROM SEWAGE WORKS OPERATIONS FUND (#641) 76-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) 77-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 78-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2008 82-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY AND TO ISSUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON 8. BILLS, THIRD READING TIME: BILL NO. 63-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 73-08 THIRD READING OF THE RIGHT US 31 SOUTH REACHING ST. OF 500 FEET, FEET ON A BILL TO VACATE A PORTION OF WAY OF CALLENDER STREET FROM (MICHIGAN STREET), BUT NOT JOSEPH STREET, FOR A DISTANCE MORE OR LESS, AND A WIDTH OF 50 74-08 THIRD READING ON A' BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL RIGHTS-OF- WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD 72-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USE FEES AND DEDICATED FUN D 79-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH T-HE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS 80-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14- 56 AND 14-57 OF THE -SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS 81-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NEW NONREVERTING LOSS RECOVERY FUND 75-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $320,000 FROM SOLID WASTE FUND (#610),$500,000 FROM WATER WORKS FUND (#620), $50,000 FROM RELEAF FUND (#655), $46,057 FROM HALL OF FAME DEPRECIATION FUND (#677),AND $800,000 FROM SEWAGE WORKS OPERATIONS FUND (#641). 76-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) 77-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 78-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2008 82-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY ADD TO ISSUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON 9. RESOLUTIONS BILL NO. 08-109 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND ADJACENT TO 3305 LATHROP DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR GATEWAY PLAZA REAL ESTATE, LLC 08-110 A RESOLUTION •OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A CERTIFIED TECHNOLOGY PARK AGREEMENT -WITH THE SOUTH BEND REDEVELOPMENT COMMISSION, AND THE INDIANA ECONOMIC DEVELOPMENT CORPORATION 10. BILLS, FIRST READING BILL NO. 83-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING, WATER LEAK INSURANCE FUND NO. 644, TRANSFERRING THE .BALANCE TO WATER WORKS OPERATING FUND N0. 620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE 84-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 421 NAVARRE AND 419 NAVARRE (NOW KNOWN AS 541 WILLIAM AND 543 WILLIAM), COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 85-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT N0. 4, IN THE CITY OF SOUTH BEND, INDIANA 86-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET,_ SOUTH BEND, ,IN 46619, COUNCI~MANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 87-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $500.00 FROM SOLID WASTE CAPITAL FUND NO. 611, AND AN ADDITIONAL $75,000 FROM SEWER INSURANCE FUND N0. 640 88-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMORTIZED REPAYMENT SCHEDULE OUT OF TAX INCREMENT FINANCE (TIF) FUNDS OF THE LOAN FROM MAJOR MOVES FUND (#412) FOR THE DOUGLAS ROAD EXPANSION PROJECT 11. UNFINISHED BUSINESS 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle . Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior facility. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: APART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHII', ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MIl~tUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MIN-[JTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTI~ASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED 1N INSTRUMENT NUMBER 9866002 AS RECORDED 1N THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT . N[JMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 NIINLJTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS _ _ _ ____ _ ___WEST; _THENCE. NORTHWESTERLY.ALONG SAID CURVE, A DISTANCE OF_ . _ . J_ ___-: _ .. 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE . NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WA,RRAN'TY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. be and the same is hereby established as "MF2" High-Density Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Couna p4lty I~ ~p~ ~1C p iq~~f ['n~ ~R ~"z x6`; `"~,'t ~4 ~FCFSe~ Q~ ~F C~,~J 'Feti~ ¢a~'~i 'UiO~! ~~ Ste`- a.C i; l~.!~ a~ S ~~ ` F.. p~ ~,P}F~a t^s t a ~Fe ~+i~e s ~t f~~ :1 x;35;..9 y~.da~y5 .o~C4}F.cCb~ `w~ ,'.. ~y ~r~~iu~f4 te~~'~~E ~31~s~"4s3 ~tiatiri'a.e Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of _ 2008, at o'clock •m• City Clerk Approved and signed by me on the day of , 2008, at o'clock .m. -. Mayor of the City of South Bend, Indiana i st READING PUBLIC NEARING 3 rd READWG NOT APPP.OVFI? REFERRED ?;'~SSED Find In C1~rk'S ()$f1Ce OCT - 8 2008 JOHN YOORDE Cfi'Y CLERK, B0. BEhD, IN. Date Filed Application N Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 921 North Bendix Drive, South Bend, IN 4662$ 2) Name and address of property owner(s) of the petition site: Faith Apostolic Temple, Inc. P.O. Box 3128 South Bend, IN 46628 (574) 288-3515 3) Name and address of contingent purchaser(s), if applicable: _..-- - - -- -- --_ _ -- - .:.Sterling Development,:LLC:_-----__=_ __-=_-- --_._- -.. _ - _ - - _- - __... Attn: John VanMeeter, Director of Development 3900 Edison Lakes Pazkway, Suite 201 Mishawaka, IN 46545 (574) 247-3234 4) It is desired and requested that this property be rezoned from "CB" Community Business to "MF2" High-Density Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Independent Living Senior Development) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if ava' able drawn to scale, which includes street names, printed in 8'/z" x 11" format. c Pastor Gr F ier - PETITION PREPARED BY: Derek J. Spier, AICP 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 dspier@abonmazche.com CONTACT PERSON: (If different) Same as PetitionPrepazer ~il~d In Ci~rlc's t3~c~ QC~ "' 8 2~ JQHN VOOR~E CITY CLERK, SQ. EENQ,1l~. LEGAL DESCRIPTION: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 6$-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST ---- -_==--CORNER OF PARCEGDES6RIBED IN INSTRUMENT=NUMBER 98bb002AS RECORDED IN-THE---=- ----- OFFICE OFSAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID fNSTRUMENT NUMBER 986b002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. ~l~~d (t~ ~f~IF~'~ ~~IC~ OGT ~ ~ 200$ ~CHN YQCRAE i'fY C:.Enu, ~Q• EEP~D STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "IVIF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior facility. OCT - $ 2008 3CSiFd YOGr Ge 018-2191-719203 018-2219-8222 018-2130-4836 LaSALLE SQUARE ASSOCIATES RICHARD P. & MARY ANN WINKEL 1117 N. IOWA LAND TRUST c/o HAMSTRA BUILDERS 1124 RYER STREET 600 WEST JEFFERSON -SUITE 700 12028 NORTH 200 WEST SOUTH BEND, IN 46628 CULVER, IN 46511 WHEATFIELD, IN 46392 018-2130-4834 CARL M. MICHALSKI 1122 NORTH IOWA SOUTH BEND, IN 46628 018-2131-4884 KENNETH J. EGMER 3233 ARDMORE TRAIL SOUTH BEND, IN 46628 018-2131-4885 THOMAS J. NIEDBALSKI, RES. LIFE ESTATE 1107 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018-2130-4828 018-2130-4825 JOHN A. & GLADYS E. MILLER 1130 NORTH IOWA STREET SOUTH BEND, IN 46628 018-2131-4880 JOYCE M. FISHER 1121 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018-2130-4831 CARL M. MICHALSKI 1122 IOWA STREET SOUTH BEND, IN 46628 018-2130-4846 TIMOTHY P. SHARP P.O. BOX 11545 SOUTH BEND, IN 46634 018-2130-4830 018-2130-4833 AMANDA HOSTETLER 1125 NORTH IOWA STREET SOUTH BEND, IN 46628 018-2130-4847 DEMETRIO MALAGAN & GABRIEL PATINO 3237 ARDMORE TRAIL SOUTH BEND, IN 46628 018-2130-4843 018-2130-4844 O1$-2130-4845 MAX R & PAULETTE K. DARRAH PATRICIA J. CSISZAR PABLO & MARGARITA PACHECO 3311 ARDMORE TRAIL 3307 ARDMORE TRAM- 3301 ARDMORE TRAIL SOUTH BEND, IN 4662$ SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2219-8223 HECTOR MARTINEZ & MARIA PEDRAZA 1120 RYER STREET SOUTH BEND, IN 46628 018-2130-4838 THOMAS PHILLII'S 2020 NORTH MEADE STREET SOUTH BEND, IN 46628 018-2131-4883 BETTY B. KOLLAR 1104 NORTH KENTUCKY SOUTH BEND, IN 46628 018-2131-4887 N1LA A. SIlVIMS 2604 ARABIAN COURT , APT. 1-A SOUTH BEND, IN 46628 018-2131-4878 EUGENE & SHARON HARMON c/o LORI HARMON P.O. BOX 35370 SOUTH BEND, IN 46628 018-2131-4877 JEFFREY E. HARMON 1124 EAST KENTUCKY AVENiJE SOUTH BEND, IN 46628 018-2131888 KAYLA D. HAYES 61 PEARL STREET MELROSE, MA 02177 018-2131-4892 K & B BEVERAGES, INC. 15300 VALENTI.A DRIVE GRANGER, IN 46530 018-2130-4841 ANGEL GAONA 3319 ARDMORE TRAIL SOUTH BEND, IN 46628 018-2191-7228; 018-2190-7288; 018-2052-1825;018-2052-1825 018-2052-1839 BENDIX CORPORATION JAMES & BENITA HANNAH c/o HONEYWELL, INC., TAX DEPT. 3030 PRAST BLVD. P.O. BOX 4900 SOUTH BEND, IN 46628 SCOTTSDALE, AZ 85261 018-2131-4889 VILMA ALVAREZ 3213 ARDMORE TRAL SOUTH BEND, IN 46628 018-2131-4881 JOSEPH W. GRAFF 1122 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018-213011842 DAVID E. LAX 3315 ARDMORE TRAIL SOUTH BEND, IN 46628 018-2189-7157;018-2053-1871 BENDIX CORPORATION c/o HONEYWELL, INC., TAX DEPT. P.O. BOX 4900 SCOTT5DALE, AZ 85261 018-2053-1909 018-2053-187102;018-2053-187103 018-2053-1901 YOLANDA D. LOTT & SAINT JOSEPH REGIONAL MEDICAL HAIYEN VO DARLENE M. SMITH CENTER 3030 HARTZER STREET 3029 PRAST BLVD. 811 EAST MADISON STREET SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46617 018-2053-1893 JAMES T. & SHARON LEA WEGNER 3029 HARTZER STREET SOUTH BEND, IN 46628 018-2053-187101 CITY of SOUTH BEND 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 018-2053-1885 JOSE & GRACY THOTTICHIItA 50747 REGENCY PARK DRIVE GRANGER, IN 46530 018-2191-719201 018-2054-1952 018-2191-719205 ST. VINCENT DEPAUL SOCIETY of LAURA SYKES RAMADAN A. & TAMILYN SALAMEH ST. JOSEPH COUNTY 3029 BONDS AVENUE 5811 STERLING DRIVE -SUITE 10 p,0. BOX 1438 SOUTH BEND, IN 46628 GRANGER, IN 46530 SOUTH BEND, IN 46624 018-2054-1930 018-2054-1944 018-2191-719206 VALLEY AMERICAN BANK & TRUST GMAC MTG., LLC ST. JOSEPH COUNTY PUBLIC LIBRARY c/o NATIONAL CITY 1100 VIRGINIA DRIVE 122 WEST WAYNE STREET 101 WEST WASHINGTON -SUITE 300E FORT WASHINGTON, PA 19034 SOUTH BEND, IN 46601 INDIANAPLIS, IN 46255 . - _018-2191-719204- ---- - --- -- - - - -.- - - - - SUPERCLEAN CORPORATION F:~ProjectsuVi8-0757~I,abels w-TAX ID.doc 5222 WESTERN AVENUE SOUTH BEND, IN 46619 0 GT - $ 2Q08 uo~.~ .~~a~aF CITY C~c::K, S0. rsEi~iO, [~!. `~ V 1993 1939 i 'n " ~ . 54 4eae ~ 42 -ase3 , J ~ ~ hn ~ ",cal ~ ~ ~ P ~ ~2 n LL ~~~ v a ~ O ~ -. ~ x O ey.- m ~ 3'a N i / q4 PG 3 ^~a O h ~g ~ ~. 11.3 I ~ ` u ~~ ~ ~,,~~ jai / ~ 7/92.03 P 3".11 5G! ~1 iF m .8~ ` ~~ ~ ~~NIM~ 1~ ,~ n ~ ~ `j1 s z ` Q' m1 / . Sao, a e~, W "" ~i Q ~ 9 a"1q / ~ 1 m ~ 0 ~ ~ ~~ /a ~ 7/92. oG RE~ a%9~y; ~ ~~ III i ~ pR~~~ lr,4sA-LLE.. t3R,An~GH ~ ~ O tl, V ~ n I n `+1 ~~ I I I I I 1 i I IN I~ ~~ I I I I LOJ/JT~( VI/3R~7 i--------~ I ml I MI I m1 18i 2191 ~ 7192.0/ I ~ 1 ~sT. ?lq2 ~ti~r~ I . I 'i riez. 1 lo.ac I AE Ceti- ~ i~5a~l+~ I i I 1 i aAO.ea i I GEd1. 5B -- ~• I ~~~~ \~ ` 8 ~ C PORTAGE TWP. E. !/2 N.E. ~/4 SEC. ~4 T. 3 7 N. R.2 E. ---- ~,~ --- I 1 7!92.0¢ m .84 ° 7/92.05 a: I .G32 ? '~~ ~' r, ~, 1_ ,o~- ~.a5y~ ~ ~ ~ :yam. az Q -„ Cr c. ~I ,~ ~.~~ ' ~~ `s.,n-,~'-~ cry "w-'.. vs n o ''a~ ~ ~ r~ o cm AA ~ ~. r ~ ~'.~. m a~ u ~j1 u' G_ REVISED ~j0 Hevleed CoDYrighl ,Z D°2 \ ~'y~ Copyrlghl 1987 _~ ~~~ ~~J~ THE 91DWELL COMPANY Z 8- 4 D ,~ ~L~~ ~~- ~ ~-~~ ORDINANCE NO. AN ORDINANCE TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public properly. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING THE RIGHT OF WAY OF CALLANDER STREET FROM US 31 SOUTH (MICHIGAN STREET) TOWARD, BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET. DEDICATION OF CALLANDER STREET WAS. RECORDED IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS ON NOVEMBER 25, 1959, IN BOOK 596, PAGE 23 THRU 26. Hereby determines that it is desirable to vacate said property. SECTION ll. The City of South Bend hereby reserves the rights and easements of-all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within-the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: . Key Numbers: 023-1035-1759 023-1035-1762 023-1035-1769 023-1035-1760 023-1025-1761 023-1035-1767 023-1035-1768 SECTION IV. The purpose of the vacation of the real property is to enable the property to be used in a retail store development. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~. ~~`, A- - i~t.~.,.:~.r- Member of the Common Cour~irij Attest: City Clerk b. pay f'~~ < ~ ;,t°i? > ; k~+i ~,s E,'s:~ EZ ~+ f Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the. day of 2 , at o'clock . m. 1 sf RSA©1NG ~ C~z`~`~~~ PUELIC FfEAP,fNG 3 rd READING NOT A~'PRO`J,EF~ REEERREQ PASSE^ Mayor, City of South Bend, In ~~~ ~, 6 2008 JOMF~VO~RBEE- 9i 4~ G{'iY GLERK, SOUTH BEND CITY COUNCIL PETITION TO VACATE STREET T. Arthur Stump petitions to vacate Callander Street pursuant to Indiana Code Sec. 36-7-3-12 between St. Joseph Street and South Michigan Street, specifically that portion of Callander bordering the following parcels: Legal Description Address Key No. 023-1035-1759 Lot 1 & 2 N Pt Sw E of Hwy Sec 25-37-2e 4600 S Michigan St South Bend, IN 46614 023-1035-1760 74.48x179.15 Seg 430 S Ireland Rd & E Line 130 E Callander St 4 US 31 Ex EW 10 to State Sec 25-37-2e South Bend, IN 4661 60x135 on Callander E of US 31 Sw 4600 S Michigan St 023-1035-1761 South Bend, IN 46614 Sec 25-37-2e 85 Beg S of C/L Ireland & 342.46 135x149 4600 S Michigan St 023-1035-1762 . E of E Line US 31 Lot 3 Sec 25-37-2e South Bend, IN 46614 32 Beg 420.17 E of E Line 110x141 4600 S Michigan St 023-1035-1767 . US 31 Lot 16 Callanders Pro Sec 25-37-2e South Bend, IN 46614 023-1035-1768 Irr Tr Beg 174.91E & 673.04 S of Inter US 31. r d & E & W C/L Sec 25-37-2e 46614 lN South Bend, 25 E Si Irr Tr 118 g S l 0 O 023-1035-1769 . g Ca Pro Se~25 37-2e anders Ireland C/L Lot 1 N 46614 h Bend, So ut all of which are owned by T. Arthur Stump and which are shown visually on the attached map. The circumstances of the vacation are to enable the property to be used,in a retail store development. ~! f~-~Y Date Frarii<J. Agosti v, ~ Attorney for etit' ner 120 W. LaSalle Avenue, Suite 704 P.O. Box 1635 South Bend, IN 46634 574-288-3750 574-245-5972 (FAX) Frank_Agostino@msn.com ~i~~d ~~ ~~~a ~'~ ~~~~ ~~u~~32aos Gfi~d 1';:~~RDE Page 1 of 1 Map Output Arc M fewer rJla. I ! ~~ j I 1 Le~~n~+ st..fu~~?i7}1nSt33~1 j'' Cprk'ianes Wit. .fdgarh °.c74"u3~`..rv731tit?f Eitnasi:~InF~r~f~rnied ett:--~ St. Jnsa~h:~ln~r~fl~t~3d G1~s a 51. Sn~p;t~~=:~?axvlsttns t ~ ® y a:~st Et. J3~rh: 8aund~y ,~?~.al t''hdtagr~~hy~2o$3 3L3Cit and t!'.it:t~3 Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not ssible without the written ermission of the Michiana Area Counci] of Governments. http://www.macog~is. com/arcims/ims?ServiceName=1V1AC0 G OverviewMap&ClientV ersi... 8/12!2008 I I N z3-1030-leoz 2 030-100 S I 23-1036-1720.01 23-1036-1726 z3-an3s-tzao 0 0 2}~7035~1700 O ' Z3a103af17iJ 2711035-1782 0 o a 50.0' -i 2J 1:033-1766 0 2J~1G3S-x.1787 a O 23~r93s~nao 0 y~t0.76-1770 0 23~1035~770a 0 23-1936-1771 ]LEGAL DESCRIPTI®N A parcel of land located in the North half of the Southwest Quarter of Section 25, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, TN and being the right of way of Callander Street from St Joseph Street.to US 31 South (Michigan Street) for a distance of 680 feet, more or less, and a width of 50 feet. Dedication of Callander Street was recorded in the Office of the St Joseph County Recorder on November 25, 1959 in Book 596, Page 23 tlu~u 26. 23-1039-1730 1316COUNTY-CITY BUILDING 227 lEFFEItSON BOULEVARD $OUTti BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN 3. LtrECI.".E, MAY"OR ~®ARD lJF ~U~LI~ ®~I~ September 22, 2008 Mr. Frank Agostino 120 West LaSalle Avenue, Suite 704 Post Office Box 1635 South Bend, Indiana 46634 RE: Street Vacation - Callandar Street (Preliminary Review) Dear Mr. Agostino: 1sHONE 574/ 235-9251 Fnx 574/ 235-9171 TDD 574/ 235-5567 Upon review by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building ar place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Board is submitting a favorable recommendation for this vacation subject to replatting the lots so there are no land-locked lots and with the understanding that there will be no access to U.S. 31 because of anon-access easement bordering U.S. 31. Once these concerns are addressed, you will need to obtain a radius map showing properties within 150' of the proposed vacation from the Division of Engineering to take to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map and with any questions regarding this vacation. S~erely, _ ~ ' Linda M. Martin, Clerk (( c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell; Engineering GARYA. GILOT, P.E, CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDEivTT MEMBER MEMBER L ~~ ~~ ~ ~~ - ... .~.~ ~...1,. A~ ~ 05 T a ~o .~~ ~ ~ ~ ~ L~ ~.~¢~ ~ t!~ MICKEL5ON SA,IRELAND RD Is~s7 isa.za MINOR SUB. ._~~ ZIMh1ER'STEEiE MINOR SUB. ^c" i- Iszs PAVL E DILLON MINOR SU6. 2- Isz // r~ r /~_ ~. ~~~ ~lp~~ 23-1 30 ~ ` ~ • ~ ~4+I•~~ I ~ IS7.flC 7oi.ze ~~~3 ~~5~. ~~t-~R15~ D~ U~~~~ ~~~~~~ ~ Y ~~3~ ~o.~~~~rY r~ q~~ ~p~- ~~~a ~ V ~~ P 3~0 //3.7 35 Jo 2~ ~, nc.1 .~ •o ~ 7 n P P ~ ~I//p3.65 ~ n L(J v~- ~~~ 8-25A , o 150.38 1 4a t c / 1 ~~ 1~ 1 A r.!- ({ ~~ il~ ~/~7 s Pao o~ p~ l /00 35 ~3~~~ ~~2`~~ I.s~~@~~I ~'~04 ~}/31 N ~ I m 1 o P~~ o 0 ~ ~ x ~ m~'~ 3~ J ~ /728 J~ 01 o .t, a h - m W oQ m I ~ ~ - o ~ S0 1 ~9 I ~ I~~ I ~ ` ~ ~~ (z' /.~77 l r` N ,n m ~ N a~ a N O m ~ ~~~1° ~ 23-1035 o _ ~~~ L- ~p_ 2 '1035 15a.1D~ 4 . 282_55 ~~14~ '- a 450 50 ~ 1~ -. /60/ 14a16 ~ ~ -- __217.69_ + _ r 4 --,~1~____r-.-_-_,.- 1=,d 1 G~ 0~4 - 23`~~b ~ I -- GO2 r~y 1759 i o° ~ i o-i ~ `zS',I /763 Ip .~ ~ - o 2B1 1603 ~ 1 ---i /a a 1 _ I ~I 'o-1 I ~9 / ,q 1 t YSl' ®~ ~ I G~~~ ~ w - -- 1760 ~ ___ ., 1 / / ` > > B nn ~ IN•g3l~l~l~VfL mFa dAF/9~S / F - ~ MS Vac$r m° /48.75 '; ~ ~_ ~~ i c a -/GOB ~ k• /43. 47 ;,,I I ~ 30 _ D /43.3 {9.9 4 3 ~. 1 /93 J .v ST. ~ -- T /4].B ~ n ( r Y /41.65 ~ " 5 ^ (4148 ~ ` n /W. ~ t~ n' /41 ~ j l ~ r ua ~ 7/0 ~ I so 0 1 /6 1 79.73 !19.38 , ~ 1 nn In a ml l76$ ~I 1767 ~__ !766 is 17Cn9 ~I I -_-1 60 174.9/ _~.L_T-_- 5.2G _.-_L.-._--:_ aI /770 1 ST~.~~'~' ~~ ~~ `I 1/s ---='1 Y~ 1 ~ 9~ 23 -1035 Pf /7~/ Pf. 15.917 !~'pR(~~!EI~ {~U:IC[~ U~ plLj3~IC ~~[~:5 ~_ ~~~ . se.u ~ aa~-- I t I ~ i m IP n 1 ~ it 1 1 I I I t 1 I 1 i 1 __l~--1 _- /98 --- -----~~a- - - 23- P><. r77/ P~, 15.917 ~'~.~~ ~~ ~~~~~ 8/20/2008 10:15 FA\ ~ug.la, 'IUUD 1,46 PM ~® ©® ~RD PiJ6 t40RKS ~ SP,F~T~ 9~~'~t~`~~1=1C~ i~~V`~~~+~d~OJl~I ©]001/001 f~a, 3210 P, f/2 TQ; C~~I Littr~ll, En~in®erln0 ®®partrn®nt John ~yorrtl, Ar®a Pion Cammi~sion (ibvorni(~ao st-ioceah,in.-„~ or 23~~~13 fox) J®ff Gibney, Cemmunlty & Economic D®velopmant Chrls Dr~sa~l, G®mmun{ty ~. Economic ®®velopm~nt ®ob Mathis, Community ~ Economic Development F®derlco Ftodrl0u~, Fir® ®®p~rtm®nt Andr® Prlc®, Solld Waete Stephen Go®r1, Police ®®partm®nt Cheryl C3e€en®, City,4ttomey's Office ~ ' Jim Eaton, NIP~GO (irbettin nisour ®r 2a4-22201'x) FCP Irtfv~~b®n~l ipurp~o~ OrtPy F~OE~: Linda M, Martin, GI®r1s ' RE; Request for Recommend®tion - 5fr~et Vacation ' L®c~q~re; ~elland~r Strcot~ pirst East-1N®st ~'~reet~o twat IF~I~nd Road and Eest of U.S. 31 South {t~r®Ilsnfnar~r ~a'vf®erj ®ATE: August 11~, 2008 DUE; S~ot~ bar ~, 2008 ~ ®13 E-MAIL T®:, ~3E~~~979 / Im~rtinuthbvndl~~v RETURN R~CpMMENCATiON PAQE ONLY, ~ATT~;CHMENTS NaT REQUIRED, CAP~F~EWT~ ~ Fd~GO~I'~ENDATtQN~: , ,. a d. .. R.r. ..-jam 1/)_ ~_L d, _ 1`'' -~ / i /J / it w , _ /_~_ .. ~f"" r /, ~ /' /~ ~ Received Time Aug. 20. 10:24AM 1140 County-City Buiiding South Bend, Indiana 46601 . John W. Byorni Larry P. Magliozzi Assistant Director Executive Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 August 20, 2008 The Board of Public Works 13`t' Floor, County-City Building South Bend, Indiana 46601 ...~„~ 4 ~ P ~..u. •~~ ~_ J,u u ~i R ~un ~'.;~; .. ~ ;!.008 ~~;1 ; ~; ry::~- ~'J U T H 8 E fid f~ RE: Street Vacation "ilti. OF Ef~lGINEERl~1C Callandar Street, From East of U.S. 31 South to St. Joseph Street on the Vest, Right-of-Way Dear Soard Members: The staff has reviewed this petition. [t is the staff's opinion that: (1) The vacation would rzoi hinder the growth or orderly development of the unit or neighborhood itt which it is located or to which it is contiguous. (2) The vacation tivould not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the street be vacated subject to any required utility or access easements. r Sincerely • ~~ ~( ~ r,~ ~~~ ~ `, Christa Nayder Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Nug, 18. 2048 1:42FNi bR0 PU6 `FORKS & SAFETY 96~TER-t~FFI~~ ME~~~N~U~ ~~~~® ~~ PU~L.iC ~~~~5 No, X214 P, 1/2 'f0: Carl Litfrell, Engineering Department John Byorni, Area Plan Commission (ibyomiCa7co st-ioseph.in.us or 235-9813 fax) Jeff Gibney, Community 8~ Economic Development Chris Dressel, Community ~. Economic Development ~`5?~a~t~hia; ~Co~fmt~r~lty'p&~E~enbrnrc~Deverop-men"t Federico Rod`~iguez;'fiir~' Departrrient Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (,~rbettin(a nisource.com or 284-2220 fax) For Informational PurQoses Only FROM: Linda M. Martin, Clerk . RE; Request for Recommendation -Street Vacation Location: Callandar Street: First East-West Street South of Ireland Road and East of U.S. 31 South (Preliminary Review) DATE: August 18, 2008 p;vE; September 2.2008 FAX ®R E-MAIL TO:, 235-9171 / Imartin(a)southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: .'`~ f C 4 d A'E Yh Y n ~ .~/L ci Y ~ 1j ; L ta- C .~~_ ~ • !4 .yj ~?'7 GS 4a t <,~~r 7v- Ss r..~! (~ 1 /1'G ~ / ~L', ,~ r BY:~~Lf~~~ ~ DATE: ~!~ ~~46' I~dTER~~~~~~~ P~~V~®RA~~U~ ~O~R® 4~ p{J~LtC ~~~~F~~ TO; Carl Littrell, Engineering Department _~ohn Byorni, Area Plan Com-~nission (~byorni(a~co.st-joseph.in.us or 235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ,,Bob Mathia, Community & Economic Development ~~~"erico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(cr~nisource.com or 234-2220 fax) For {ro`rorcnati©na{ purposes Only FR®F~: Linda M. Martin, Clerk ~~~yL RE; Request for Recommendation -Street Vacation Location: Callandar Street: First East-West Street South of Ireland Road and East of U.S. 31 South (preliminary Reviev+e) ~A`~E: August 18, 2008 ®~E; September 2, 2008 p~ ®R ~-i~i,~IL `T®:. 235~917'i i ImartinCa southbendin.ctov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: TE ~~2 ~~a~ COI~iF~ENTS ~ RECOI°~iF,~EN®A~'40NS: asoN-~a~cwe Confidence By Design ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, W BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI November 12, 2008 City of South Bend Common Council 227 West Jefferson Boulevard, Suite 400 South South Bend, IN 46614 RE: Rights-of-Way Vacation Crescent Oaks, Section One Dear Honorable Members: Please accept the attached petition and ordinance as our firm's written request, on behalf of our client, Tampico Development, L.L.C. to vacate the following described public rights-of-way: (1) All rights- of-way within the Crescent Oaks, Section One Subdivision as recorded under Instrument Number 0829850 in the Office of Recorder of St. Joseph County, Indiana, excluding the 40 foot wide half right-of-way of Ironwood Road. The rights-of-way to be vacated include Canal Street, Royal Street, St. Charles Avenue, and Basin Street. Please refer to the attached drawings for the areas to be vacated. The reason we are submitting this vacation request is to correct an error between the locations of the rights-of-way as shown on the recorded subdivision plat and the locations of the rights-of-way as constructed. The rights-of-way as constructed are located approximately 10 feet east and 4 feet north of the rights-of-way as recorded. The City Board of Public Works is expected to consider and approve both the vacation request at their November 24th meeting. If you have any questions or comments~regarding this vacation request, please contact our office at 232-8700. We appreciate your time and consideration on this request. Sincerely, ABONMAP.CHE CONSULTANTS, L.L.C. 'Derek J. Spler, AICP Planner ~I~~~ ~~ ~~~t'~~~ ~i~€~~ NOV 1 /2008 341~lN ~~0 RB E D. iPl. CITY CLEBK, F:\Projects\M7-0784\Right-of-Way Vacation\Ci1y Counicf Vacation Request Cover Lefter.doc ORDINANCE NO. --~•;-. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL RIGHTS-OF--WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD ROAD. MORE SPECIFICALLY BEING THE CANAL STREET, ROYAL STREET, ST. CHARLES AVENUE, AND BASIN STREET RIGHTS-OF WAY Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: LOTS 1 THROUGH 31 IN CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. SECTION IV. The purpose of the vacation of the real property.is.to correct an error between the location of the rights-of-way as shown on the recorded subdivision plat and the actual location of the rights-of-way as constructed. 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 ~c~t .~~ 'v ~ __'4n~ se:.~ 11cd'~tt~~ CP'.-'Lrlav:t :i~ t:.. Ev`:UA t 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 1sf ~R~A~6NG l~-2'~A4` FU6LEC HEARf~~ 3 ~ P.~fi,~~'*~G ~~ ~ii~d i~ ~i~r~'~ ~~~i~~ ~~~ 1 9 200° 14t~iNV4QG~DF~ tF!~ Cl~' CL~~K, PETITION TO VACATE PUBLIC RIGHTS-OF-4fV/AY (STREETSlF:LLEYS) DATE: 11/12/08 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA (WE), THE UNDERSIGNED PROPERTY O~(NER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS SECTION RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFI ST: JOSEPH COUNTY INDIANA EXCLUDING THE 40 FOOT WIDE H~ IRONWOOD ROAD. MORE SPECIFICALLY BEING THE CANAL STF ST. CHARLES AVENUE AND BASIN STREET RIGHTS-OF-WAY. NAME (signed ~ printed) ADDRESS TAMPICO DEVELOPMENTS L.L.C. 828 EAST JEFFERSON BOULEVARD BRIAN MILLER VICE PRESIDENT SOUTH BEND, IN 46617 SIGNATURE RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 SUBDIVISION A~ OF RECORDER O RIGHT-OF-WAY O LOT # 1 THROUGH 26 CONTACT PERSON (S) NAME: ~ DEREK J. 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TRUST 17E 85~BROMLEY CHA.SEL. F1SH 60284 U.S. 31 SOUTH 17833 BROMLEY CHASE SOUTH BEND, IN 46614 ~ SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 14-1035-0590.54 ~ 26-1035-0589.01 14-1035-0590.55 JOHN C. & NANCY 7. KINNER 17891 BROMLEY CHASE SOUTH BEND; IN 46614 14-1035-0590.52 NATIONAL ORGANIZATION OF THE KURT L. & MARY B. WARNER NEW APOSTOLIC CHURCH 17871 BROMLEY CHASE 3753 NORTH TROY STREET SOUTH BEND, IN 46614 . CHICAGO, IL 60618 14-1035-0590.53 26-1035-0590.17 WSBT INC. TAMPICO DEVELOPMENTS, L.L.C. 300 WEST JEFFERSON BOULEVARD 828 EAST JEFFERSON BOULEVARD F:~Projects~Iv17-0784~Right-of--Way Vacation\TaxKey SOUTH BEND, IN 46619 Listdoc SOUTH BEND, IN 46601 26-1035-0589.02 (PT.) 23-1034-1726 R~O~~ 1 20G8 1Ga411`tJ3Fsuv t;iT{ CLr~; b, v0. E~m80, tel. 1316 COUNTY-CITY BUILDING 227 ~. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECICE, MAYOR ~OAKI~ ®1~ ~U~LIC ®RI~,S PxoNE574/235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 November 24, 2008 Mr. Derek Spier ej Abonmarche Consultants, LLC ~ ~ ~ ~f~ 750 Lincoln Way East South BEnd, Indiana 46601 RE: Street and Right-of Ways Vacations -All Streets and Rights-of=Way in the Crescent Oaks Subdivision (Preliminary Review) Dear Mr. Spier: The Board of Public Works, at its November 24, 2008, meeting, reviewed your request to vacate all of the streets and right-of--ways in the Crescent Oaks Subdivision due to an incorrect survey. The Board found that no city utilities or property transfers have been made so no comments were sought fiom other departments. The Board is submitting a positive recommendation for the vacation to the Common Council. If you have any questions, please call me at (574) 235-9251. Sincerely, L nda M. Martin, Clerk c: Tony Molnar, Engineering Janice Talboom, Engineering Federico Rodriguez, Fire Department Carl Lithell, Engineering GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT IIREMBER MEMBER Bill No. -08 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAT, USER FEES AND DEDICATED FUND STATEMENT OF PURPOSE AND INTENT Since 1981, the City of South Bend, Indiana, has had regulations codified into the South Bend Municipal Code which address ambulance and medical user fees. The current ambulance and medical user fees took effect on August 1, 2002.. The South Bend Fire Administration has conducted a survey of these fees and charges and believes that adjustments are warranted in light of increased costs to the city for medical training and certifications, as well as in light of the increased costs for needed medical supplies. The proposed fee adjustments also follow Medicare billing guidelines. This ordinance is believed to be in the best interests of the South Bend Fire Department, and the City of South Bend, Indiana, to help maintain the best possible public safety services in this area. ~~ ~e ~ ~~dG~ t~ ~'a,,~,L ~C'lof the City of South Bend, Indiana, as follows: Section I. Chapter 9, Article 53 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 3. AMBULANCEIMEDICAL USER FEE AND DEDICATED FUND Sec. 9-16. Ambulance/Medical User Fees. (a) The following user fee schedule shall be charged for all ambulance/medical services provided by the City through its paramedic branch of the Fire Department: Resident Non- Resident (1) Basic Life Support (BLS Non-Emergency) $281.05 $374.74 (2) Basic Life Support (BLS Emergency) $449.69 $599.58 (3) Advanced Life Support (ALS Non-Emergency) $337.26 $449.68 (4) Advanced Life Support (ALS-1 Emergency) $534.00 $712.00 (5) Advanced Life Support (ALS=2 Emergency) $772.91 $1,030.54 (6) Mileage, Basic (Within City Limits) (Per patient miles, $ 9.63 minimum one (1) mile) (7) Mileage, Rural (Per patient miles, minimum one (1) mile) $ 12.84 (8)Non-Transport ALS Medical Call $100.00 $150.00 (b) The above fees shall be charged per patient run occurrence;. however, when ambulance/medical services are provided for a patient using a private ambulance, the mileage fee shall not be charged; and further provided that when more than two (2) members of an immediate family residing at the same address are transported per incident, the basic fee, mileage fee, and emergency fee shall only be billed for two (2) persons. (c) Non-residerit is defined as a person whose primary residence at the time of the service is outside the corporate boundaries of the City of South Bend, Indiana. (d) Basic Life Support (BLS) means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS ambulance services. The ambulance must be staffed by an individual who is qualified in accordance with state and local laws as an emergency medical technician-basic (EMT-Basic).1 (e) Advanced Life Support, Level 1 (AL51) means transportation by ground ambulance vehicles, medically necessary supplies and services and- either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. (f) Advance Life Support, Level 2 (ALS2) means either transportation by ground ambulance vehicle, medically necessary supplies and services, and the administration of at least three (3) medications by intravenous pus bolus or by continuous infusion excluding crystalloid, hypotonic, isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation, medically necessary supplies and services, and the provision of at least one (1) of the following AL5 procedures: (1) Manual defibrillation/cardioversion (2) Endotracheal incubation (3) Central venous line (4) Cardiac pacing (5) Chest decompression (6) Surgical airway (7) Intraosseous line (g) Non-Transport Medical Calls means a response to a medical emergency call by ambulance vehicle and the administration of ALS skills upon or medication given to a patient who then refuses transport to the hospital. 1 ALS1, ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations, Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services". Ordinance Addressing Ambulance/Medical Services Fees Page 3 (h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations. (i) The above fees shall take effect on January 1, 2009. Sec. 9-17 Dedication of Ambulance/Medical User Fees Revenues to the E.M.S. Capital Improvement Fund, Fund # 288; Quarterly Transfers The revenues generated by the rates set forth in Sec. 9-16 shall be dedicated to defraying the expenses of the E.M.S. operating budget, a part of the General Fund of the City of South Bend and for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station repairs. All moneys collected will be deposited in the E:M.S. Capital Improvement Fund; Fund # 288. Quarterly transfers in the amount of sixty-two thousand five hundred dollars ($62,500.00) will be made from the E.M.S. Capital Improvement Fund on or about the last day of each quarter of the calendar year. Annual transfers -shall not be less than two hundred fifty thousand dollars ($250,000.00). Sec. 9-18. Annual Review of User Fees by Common Council Following September 1St Report From the South Bend Fire Department. (a) The South Bend Fire Department shall prepare a report and file the same with the Office of the City Clerk on or before September 1St of each year. Said report shall summarize ambulance/medical service runs as of August 15th of that year by identifying the number and type of each run; amount billed; amount collected; amount in collection; number of lawsuits filed; and recommendations with regard to fee amounts. Any fee recommended fee adjustments shall include reasons for the requested adjustments. (b) The Common Council shall review the report filed annually by the South Bend Fire Department. The Council's Personnel and Finance Committee andlor the Council's Health and Public Safety Committee shall make a formal recommendation to the Common Council following a public hearing. Data contained in the annual report and testimony provided at the committee's hearing shall be used in determining fair and equitable user fees. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication. Council Member Thomas LaFount~ n' Personnel and Finance Committee Chairperson Member of the Common Council ~ ~ jj''~~~yyzzer~s3e' ~:,..~r'~"t.'! y.R£- e~....„. afan., i,~ M/kf{f t.+G7~ a,C.r'tiw~l F.dJ~ 6C Few' tv~`D~S :e. Ordinance Addressing Ambulance/Medical Services Fees Page 4 Council Member Karen L. White Health & Public Safety Committee Chairperson Member of the Common Council Council Member Ann Puzzello Health & Public Safety Committee Vice-Chair Member of the Common Council John Voorde, City Clerk ~J'~by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of 2008, at o'clock _. m. 3anice Talboom, Deputy Clerk .m: ~~~~~ ~~ ~~d by me on the day of at o'clock Stephen J. Luecke Mayor City of South Bend, Indiana F~S~wr ~t`~ ~~~'1"'a'~^ ~~~€~~ NOV l 9 2GG~ ~o~r~ voa -: CITY CLErK, s4. Pci~;~, l'!. 5p[3 TFi 8~ ~ ~ ~~~ U \~~\ viii ii H }~ 1865 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis Vice-President November 19, 2008 Derek D. Dieter The South Bend Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third .District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Re: Ambulance/Medical User Fee Ordinance Dear Council Members: (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http: / /www. s o uthb a ndi n: gov During this year's labor negotiations between the City of South Bend and representatives of the South Bend Firefighter's Association Local No. 362 of the. International Association of Firefighters AFL-CIO, there was agreement to work together in order to assure that the best possible fire safety services are provided by the South Bend Fire Department to the citizens of our community. In addition to facing the financial challenges, there was agreement to work toward developing Improved departmental efficiencies Enhanced accountability Developing a better cost benefit analysis of public safety services As a result of these discussions, we are filing the attached ordinance which would make user fee adjustments for the many medical services provided by the South Bend Fire Department. This ordinance has had the input of Fire Chief Howard Buchanon, II, Assistant Chief Mark Nowicki and Assistant Chief Stephen Cox. Assistant Chief Cox conducted extensive background work on this project and will be filing a memorandum in support of this ordinance. Input from Local No. 362 was also sought, as we worked in collaboration with all parties. The current fees charged were established in 2002, and are used to offset expenses incurred by the South Bend Fire Department in delivering such medical services. The proposed use fee schedule follows Medicare billing guidelines and are recommended to be modified as follows: Kathleen Cekanski-Farrand Council Attorney Type of 1Vledical Services (1) Basic Life Support. (BLS Non-Emergency) Resident ~ Non-Resident $289 $281.05 , ~27-~- $374.74 Resident (2) Basic Life Support (BLS Emergency) $308 $449.69 $37-5-$599.58 (3) Advanced Life Support (ALS Non-Emergency) X388 $337.26 ~3~$449.68 (4) Advanced Life Support (ALS-1 Emergency) X488 $534.00 ~^x$712.00 (5) Advanced Life Support (ALS-2 Emergency) Q^~$772.91 ~cc $1,030.54 (6) Mileage, Basic (Within City Limits) (Per patient miles, minimum one (1) mile) ~4-'~ $ 9.63 (7) Mileage, Rural (Per patient miles, minimum one (1) mile) ~8~-$ 12.84 (8)Non-Transport ALS Medical Call ~-$100.00 -$150.00 . Terminology in the ordinance has also been updated to correspond with the federal guidelines which are codified in the Code of Federal Regulations. Revisions have also been made to have greater transparency of the process of annually reviewing the reports which summarize the number and type of ambulance and medical service runs; amount billed; amount collected; amount in collection; number of lawsuits filed; and recommendations for fee adjustments along with justification for such requested adjustments. This annual report would be required to be filed with the -Office of the City Clerk on or before September 1St of each year. The report would then be given a public hearing through a joint committee meeting of the Personnel and Finance Committee and the Health and Public Safety Committee thereafter. We believe that this ordinance is needed in order to continue to provide top-quality ambulance and medical services through the South Bend Fire Department in acost-efficient manner. We ask that. the ordinance be referred to a joint committee meeting of the Personnel and Finance Committee and the Health and Public Safety Committee, so that you may receive additional information from Fire Chief Howard Buchanon, II, Assistant Chief Mark Nowicki, Assistant Chief Stephen Cox, representative of South Bend Firefighter's Association Local No. 362, and concerned citizens. We urge each of you to support this public safety measure. Thank you. Sincerely, ' Council Member Thomas LaFountain Personnel and Finance Committee Chairperson Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member Ann Puzzello Health & Public Safety Committee Vice-Chair ~Ii ~[~~t~'~ ~i~l~~ NoV ~ a ?aas ~~fitl ~SQ ~ T~v~~ ~°'~. C~ Ct~~~s d CAUNIY-G~TY BUII.DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoNE574/235-9216 PAx 574/235-9928 TDD 574/235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 4, Article 4, Section 4-51 And Section 4-6 Of the South Bend Municipal Code To Place Responsibility For Certain Tasks with the City Clerk for Licensees of Scrap Metal, Junk, Valuable Metal And Recycling Operations Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring duties regarding certain tasks related to licensing of Scrap Metal, Junk, Valuable Metal and Recycling Operations to the City Clerk's office. , This txansfer of duties is necessary for efficient City operations and due to the reduction in staff in the Department of Administration and Finance. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. ~~~~~ ~il 4~~~t~i'~ O~~C~t ~OV 1 9 2608 aa~~;a ve~~~~ cmr c~~~!~; so. ~~«~, E~~. _ Sincerely, ~~~' M. Catherine Fanello Controller JANICE L. HALL JOIN MURPHY ROBERT ALLEN ASSISTANT CONTROLLER DIRECTOR ~ Y j~ DIRECTOR 'If ~ HUMAN RESOURCES INFORMATION TECHNOLOGY L ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, •INDIANA AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 AND SECTION 4-6 OF THE SOUTH BEND MUNICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR LICENSEES OF SCRAP METAL, JUNK, VALUABLE METAL AND RECYCLING OPERATIONS STATEMENT OF PURPOSE AND INTENT Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code regulates the issuance of licenses to scrap metal dealers, junk dealers, valuable metal dealers and recycling operations. The current procedure requires the Department of Administration and Finance to perform various administrative tasks in the licensing process. To better serve the public, many of the administrative tasks involved in this license process can be performed by the City Clerk. This Ordinance transfers administrative oversight tasks of Chapter 4, Article 4, Section 4-51 from the Department of Administration and Finance to the Office of the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IlvDIANA as follows: Section I. Chapter 4, Article 4, Section 4-51(d)(1) shall be amended to read as follows: (d) Application; zoning restrictions. (1) An application for a license under this section shall be filed with the' ~ -.t --f -"-`-''" '°~~I~a~ ~~~ Office of the City Clerk and it shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junkyard, or recycling operation. Filing of this Application with the Office of the Cit Clerk shall satisf the re uirements of Section 4-6 of this Chapter. Section II. Chapter 4, Article 4, Section 4-51(e) shall be amended to read as follows: (e) Approvals required. (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junkyard, or recycling operation at a location not previously licensed, the ,, ,h + ~ n a.,,;.,;n+ +' _ _ a '~~~~r~g Office of the City Clerk shall upon receipt date-stamp the application and immediately submit the application to the Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and also provide notice of the filing of said application via email to the ~iEe--~f +~ r,:*~~ -r?~ Department of Administration and Finance and the Common Council. The bureau and Department of Code Enforcement shall cause the premises where such proposed scrap or junkyard, or recycling operation is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. All inspections must be completed by the Code Enforcement and the Fire Department's Fire Prevention Bureau within ten (10) business days of the receipt of an application by the City. (2) The.application shall also be referred to the South Bend Police Department for review and recommendation. The Police Department shall conduct an investigation of each applicant and make a recommendation +ro-~-r'~~ f-''-'-~ E'~efl~ as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department shall be attached to the application fer-tl~e and forwarded to the Office of the City E'~ntrelle>= Clerk. Th~1o~ee-e~h 1 t ,. ~ t t ^ • a +! ; 'err-e€-~fre~e~it~ , ~€t12 •e~P 1' +' ~1,~.,,lrl1____.._+~a (3) The Office of the Cit Clerk shall forward to the Common Council President with a copy t~ o the City Controller, the recommendation of the Police De artment and all Information rovided with or in su ort of the a lication in determinin whether the application should be Qranted. Upon receipt of the a lication and comments or recommendations of the South Bend De artments of Police Fire and Code Enforcement the Common Council b resolution shall approve or disapprove such application at its next re~lllar meeting. -"===~r'~~='n~-~ { nf~ v +t,y r-~t t ~+t, r~ ~ ^:t f.,,- r' •t +' r,d F * +~ i}-t9 In the event that an applicant does not meet current Code requirements as evidenced in writing through the City Administration's inspection process, the ~~..t of n=~~n~°+.-~+;^ ~ ~" ^^ Office of the City Clerk may i~tre recorrunend an interim license for such an applicant, with notice being given to the ~-~ ~e City-~~ Controller and the Common Council. The Controller may issue the interim license won the Clerk's recommendation.- Interim licenses shall expire within sixty (60) days, unless the applicant can prove to the ,-, ^~ n a,., Office of the City Clerk that there are extenuating circumstances requiring an extension, which shall require notice to the City Clerk and Council of the date of expiration. Section III. Chapter 4, Article 4, Section 4-51(f)(1) shall be amended to read as follows: (f) License procedure; posting of license required. l ~JO=a~= ~+ 'a +' a ^a^~*~ In determining whether to approve and adopt a resolution sl~enl~be-adapted to issue a permit under this Section, the Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the surrounding area, as well as any comments or recommendations provided by the Fire Prevention Bureau, the Department of Code Enforcement, or the Board of Public Works. No license application shall be approved without the written approval endorsed upon the application by the Fire Prevention Bureau and Department of Code Enforcement. Section N. Chapter 4, Article 4, Section 4-51(n) shall be amended to read as follows: (n) Applications to be filed. All persons required to be licensed under this section must file an application or renewal application with the Office of the Cit Clerk. made. Any specific requirements of the rules and regulations herein which cannot be met by the applicant due to unusual hardship, such as adverse weather conditions, may be granted a thirty-day grace period to complete such requirement(s), however such applicant shall be subject to complying with the interim licensing provisions during such period of time. Such additional time shall be upon proper resolution being petitioned for before the City Clerk's Office setting forth in detail the reasons needed for the additional time. The City Clerk's Office n ~' + f ^ `'^"''"i°+ +~ '' ~~ shall notify rom tl the Department of Admiriistration and Finance ~+^ r''°r~''° off" '~ of any such resolution being filed along with a recommendation about Qrantin~ such interim license.. In no event shall more than two (2) sixty-day interim license extensions be granted by the '~ ~ + ^f ^ ~' =rini + "+;"„ „a l~axae City Controller to any applicant in one (1) licensing year. Section V. Chapter 4, Article 4, Section 4-6(a) shall be amended to read as follows: Sec. 4-6. General duties of licensees. Every licensee and applicant for a license shall: (a) File an application or renewal application with the Office of the City Controller or under Section 4-51 with the City Clerkz and secure the proper license prior to starting a business, or before January 31 of each year for renewal applications. Section VI: 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 G Attest: ro•,~r.~. .; .,, :;~~ ~ . , .....: ~s tiE:,.~:~',z ~, ~,' J~d~~y~: ova{r..yy ~{~ E''.e E~c-2+-.:a~ is •.• f .t:i„~, ki ~iiJ ai:.s`ve City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock _.m. 2 ~ at Mayor, City of South Bend, Indiana 1st RE,'~D!NG ~' t JL~.~ b .. ... i}EQ:3i:'dG ~::~F ;lPi'nUV~t~~, PASSED~~ ~F~r~~ ~~$ ~~€;6'~a'~ g;ftf~ hiov ~ ~ Baas J~S~ifv VuORGE C':i`1' CLknn, Wit?. PeA'l7, EM. COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SovTI-t BENn> INnLsru 46601-1830 PHONE 574! 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROT i FR November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 14, Article 9, Sections 14-56 And 14-57of the South Bend Municipal Code to Place Oversight Responsibility with the City Clerk For Temporary Residential One-Day Conditional Use Parking Permits Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring duties regarding certain tasks related to residential one-day conditional use parking permits to the City Clerk's Office. This transfer of duties is necessary for efficient City operations and due to the reduction in staff in the Department of Administration and Finance. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. ~i4~~ j~ ~I~~k'~ ~S~i~~ Nov ~ g 200 ,Q,~ti voa~^~ Sinc rely, . Cathe ' e Fane o Controller JANICE L. HALL JOHN MURPHY ROBERTAI.LEN DIRECTOR ASSISTANT CONTROLLED... DIRECTOR INFOR~~.fATION TECI'iNOLOGY HUMAN RESOURCES ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH'BEND, INDIANA, AMENDING CHAPTER 14, ARTICLE 9, SECTIONS 14-56~AND 14-570F THE SOUTH BEND MUh1ICIPAL CODE TO PLACE OVERSIGHT RESPONSIBILITY WITH THE CITY CLERK FOR TEMPORARY RESIDENTIAL ONE-DAY CONDITIONAL USE PARKING PERMITS. STATEMENT OF PURPOSE AND INTENT Chapter 14, Article 9, Section 14-56 of the .South Bend Municipal Code governs the procedure for obtaining a temporary residential one day conditional use parking permit. This procedure requires the Office of the Licensing Auditor to perform many of the administrative tasks associated with this type permit. To achieve economy, it is appropriate to transfer most of these tasks to the Office of the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 14, Article 9, Section 14-56, of the South Bend Municipal Code shall be amended to read as follows: (a) Application and proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the non-public lawn area of a residentially zoned area must have a one-day conditional use lawn parking permit. Such person must complete an application, file it with the Office of the Au4i~e~ City Clerk, and pay anon-refundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential ' special event one-day permit is requested. Acceptable documents include: (1) Indiana Driver's License; (2) Copy of a signed lease or real estate purchase agreement; (3) Current utility bill; or (4) Current bank statement Which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Non-refundable ,fee for parking less that ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a non- refundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the T ' ~ ^"~'+$F City Clerk shall be deposited into the general fund. (c) (No Change) (d) (No Change) (e) Non-refundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the ? i~,,~, b a~ City Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a non- refundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the Ti--~czzrJ,_,~s ~ ~ ~ City Clerk shall be deposited into the general fund. (f) Non-refundable fees for parking ten (10) or more motor vehicles for home football season: Conditional use lawn parking permits for an entire Notre Dame home football season may be issued by the Office of the T ' ^~"~ito= City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of anon-refundable fee of twenty-five dollars ($25.00) times the number of remaining home football games. All fees collected by the Office of the T' ~ b ""'''*^r City Clerk shall be deposited into the general fund. (g) (No change) (h) (No change) (i) (No change) (j) (No change) (k) (No change) (1) (No change) (m) (No change) (n) (No change) (o) (No change) (p) (No change) Section II Chapter 14, Article 9, Section 14-57, of the South Bend Municipal Code shall be amended to read as follows: (a) Notice of conditional use permit(s) issued for special event at a boarding house: The Office of the r ~ " "'''"'' *''° ~en~-e City Clerk shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform Division; the Department of Code Enforcement; *' ^rr'__ _r .,~` Ci«~, r~,a,-v~ and the neighborhood association located in the area, if any, a listing of all '...-~~^r- residential locations where ~~~u~ a conditional use lawn parking permit or a conditional use permit has been issued for a special event at a boazding house, and the date(s) for each. (b) Notice of conditional use lawn parking permit(s) issued: The Office of the ~ _~_`~-- ^~u`~~-=~--th~~~P"r~ ~~ "* ~r V 7~~o~~dTi~c-- Cit~Clerk shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform ,_ .,~~• ~ *~,o Division; the Department of Code Enforcement; ~:i:*t~s; and the neighborhood association located in the area, if any, a listing of all locations of residential locations where it has issued a conditional use lawn pazking permit and the date(s) for each. Section III. ~ This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council ~ . V !: `SS'i'id~~~ f~y{~~`i~y~/~i ~{ ~b~i ScJ 4G~./ y¢r'"++'~-PR Attest: City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock _.m. 2 at Mayor, City of South Bend, Indiana 1 sr READIi~1G ~ l~L~yv rurif_?c HEAP-.Ii~IG 3rd r FP-.D?>`!~ r10T AF'i~P.OVE® ;;EEEF cED PASSEQ ~R~~~ i~ ~~~i'~'w ~fs~~~ ~ OV 1 ~ 2G~;8 Cfi'Y ~LcfK, SC. SE?yQ, f?J. 1400 CouNn-Crrr Buiz,D>Nc 227 ~ JEFFERSON BOULEVARD SovTx BEND, INDIANA 46601-1830 PHONE 5741235-9241 FAx 574/235-9892 TDD 574! 235-5567 CrrY OP SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF 1.1AW CHARLES S. LEONE ALADEAN M. DEROSE CrrYATTORNEY CHIEF ASSISTANT CITYATTORNEY November 20, 2008 Mr. Timothy Rouse , President, South Bend Common Council ~ ~ ti }~ ~ -'~~ ~~~ ~ 4~' Floor, County-City Building `°' South Bend, IN 46601 Re: An Ordinance to Establish a New Non-Reverting Loss Recovery Fund Dear Mr. Rouse: From time to time the City of South Bend has recovered monies on claims against third parties for losses arising from harm to City owned assets, including intangible assets. At this time, the City has no separate fund in which to place such loss recoveries. This Ordinance creates such a separate, non-reverting fund. Either a representative of the City Attorney's office or Controller Catherine Fanello will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. Sincerely, __ ~; ~ - ~ -~~'- . ~~~~~ ~~_ ~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw ~i14 ~ ~ ~~~'~ 0-~~€~~ 1~OV 1 9 ~OGB CITY Ct.'sr~iE, d THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSHI LAWRENCE J. METErVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COITI~TCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH A NE6V NONREVERTING LOSS RECOVERY FUND STATEMENT OF PURPOSE AND INTENT The City of South .Bend has from time to time recovered monies on claims against third parties for losses which may or may not be tied to harm or damage to a specific City owned asset, and which may include intangible elements such as lost opportunity, loss of public confidence, increased susceptibility of City owned property to deterioration, all caused by third party conduct. The City presently has no repository for such third. party loss recovery, and this ordinance creates such a fund. NOW, THEREFORE, BE IT ORDATi~TED by the Common Council of the City of South Bend, Indiana: Section I. Chapter 2, Article 14 of the South Bend Municipal Code shall be and hereby is amended to add a new Section 2-170.12 which establishes a Loss Recovery Fund to read as follows: Section 2-170.12 Nonreverting Loss Recovery Fund. (a) The Loss Recovery Fund is established within. the City of South Bend to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or intangible property. (b) The Controller shall use all monies deposited into this Fund for reasonable costs arising from the covered loss including repair or replacement of tangible property, administrative costs of obtaining the loss recovery, enhancement or improvement of City services related to the loss, or for any other reasonable purpose. (c) The Controller shall deposit monies qualifying for this Fund in the manner prescribed by Ind. Code 5-13-6-1 et se ., as if they were public funds, and may invest those monies as provided by the Ind. Code § 5-13-9-1 et se ., with any interest deposited into this fund. (d) Appropriation of monies in this fund, shall require approval by the Common Council. (e) The Controller shall provide the Common Council annually with a list of all loss claims recovered by the City from third parties distributed to this fund, and the amount of each such loss recovery. (f) The monies deposited in this fund shall remain in the fund and shall not revert to the general fund. Section II: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. r Member of "he Common Council (1,~'{{. ~:,. i `;;".x me a$; ~ .-. F. "-..~ Attest:~;; ~,-....F p.~ ..,` .~. ~~, ~{3,,{{6p~~a ~•~ f. .~~'~~~iQ!iti iC:~ 3'~Six ~a E!5'1.""4n4.9 G~"v~;-:a ~..~ C18L7 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 at o'clock, .m. tsr ~;~a~~t~~~ ~~'~~-"8 ~~s~E~ ~~~~~~~ rd tEr.QE~IG r~c~ .~;~~RO~lEL? P~TEiiREt7 SASSED day of 2 , Mayor, City of South Bend, Indiana ~~•` ~?',' 1 9 2008 aa<<r2 vacs~~ CAUNTY-CITY BUII.DING 227 W ,JEFFERSON BLVD. SovT[-t BEND> Irrolnrrn 46601-1830 PHONE 5741235-9? 16 Fnx 574/235-9928.. TDD 574/ 235-5567 .. _-~., CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~~ ~~ ~ ~~ ~ s - ~~ November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`I' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance ofthe Common Council of the City of South Bend, Indiana, Appropriating Additional Funs for Certain Departmental and City Services Operations in 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating additional monies for departmental and City services operations for the following funds: Solid Waste Fund Water Works Fund Releaf Fund Hall of Fame Depreciation Sewage Works Operations Fund #610 $320,000 Fund #620 $500,000 Fund #655 $50,000 Fund #677 $150,000 Fund #641 $800,000 The amounts are estimated higher than anticipated and a substitute attachment will be provided to ensure that the Council will only be passing an appropriation for actual dollars needed. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting. and at its regular meeting. Thank you for your consideration. ~i~~d E~ ~t~rtc'~ ~~~~ N p~! 1 9 2008 JQH~iV~ORD~~ PIiY ~a~FlK, S0. ~~P~lp, l~. JANICE L. HALL DIRECTOR HUMAN RESOURCES Sincerely, ~ . m. ~.atn~.rv~.~-~.neu.~(- M. Catherine Fanello Controller JoxN MuRrxY ASSISTANT CONTROLLER n~nr.xi „, Lniv DIRECTOR INFORMATION TECHNOLOGY ORDINANCE No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITE' OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2005 INCLUDING $320,000 FROM SOLID WASTE FUND (#610); 5500,000 FROM WATER WORKS FUND (#6 DE~PRECIATIRON FUND (#67'7), AND 550,000 FROM SOEWAHGE WORKS OPERATIONS FUND (#641) 5TATEMEIOTT OF~PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance #9787-07) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City Budget was adopted. - NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following amounts are hereby appropriated in fiscal year 2008 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste (#610) $320,000 Water Works (#620) $500,000 Releaf (#655) $50,000 Hall of Fame Depreciation (#677) $150,000 Sewage Works Operations (#641) $800,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member! of the Common Council z~a..~+~,, .., lift 3tli:~~ er'3 •.~ .~: ,s;S: '~.' ' °wiY..l 1 §1 • ~q R Attest: City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. - Deputy City Clerk Approved and signed by me on the day of 2 at o'clock .m. Mayor, City of South Bend, Indiana ~F~r . ~~-2~-~~ .Et'-~~I'1. 11,E v t'G-nE.PC ~EA~cIl4v 3 i-c~ REAi~I~,G NO i APPROVEE~ REFERPED PASSED ~il~~ 1i ~1~~~'~ ~~~~~~ Nov ~ 9 Zoos d0i~t1 UOOF~QE Cl'f1' CLEt~.tt, ~0.6s~t~4, t'!. Account Number Account Name Explanation Appopriation to Expenditure Account SOLID WASTE SOLID WASTE DEPRECIATION 611-0610-415.37-02 Capital Lease Payment appropriating increased revenue to be received from increase in fees. Total Solid Waste Fund Underbudgeted TOTAL SOLID WASTE . DEPRECIATION FUND $ 300,000 $ 300,000 $ 358 ,$ 358 WATER WORKS GENERAL 620-0640-657.39-98 Clay Refund Refunded per lawsuit; not originnlly $ 52,951 budgeted 620-0640-658.11-99 Other Fringe Benefits Teamster deferred compensation final $ 4,200 negotiation after budget passed 620-0640-658.36-04 Computer Network Allocation Increase in charge to Water by city to $ 22,500 allocate costs better to other funds 620-0640-606.31--51 Contractual Service Cover excess Water Leak line repair costs. $ 280,000 620-0640-472.37-02 Capital Lease Payment Officer copier had to be replaced; purchased $ 2,600 through lease 620-06960-657.63-70 Clay Bad Debt Expense Not originally budgeted $ 5,250 620-0640-606.36-50 Stop Box Repairs Increase in water leak activity. $ 34,000 620-0640-658.50-02 Adminstrative Fee To cover reimbursement to Wastewater for $ 27,931 Public Works Director salary Total Water Works General Fund $ 429,432 RELEAF } Ex -anation Appopriation to Account Number Account Name p Expenditure Account 50,000 655-0609-435.36-03 Automotive Equipment Repair Additional repairs to leaf vac equipment- $ e ui ment aging. 50,000 Total Releaf Fund $ HALL OF FAME DEPRECIATION 677-0414-645.36-O1 Repairs(Maintenance Emergency Elevator Repair-item bid and awarded by Board of Public Works Total Hall of Fame Depreciation Fund t ~ p~ oe~ WASTEWATER 500,000 641-0630-793.63-35 Contractual Services-Other Digester cleaning that needs to start early $ 2009. 3,000 641-0650-851.74-01 Bad Debt Ex erase-Clay Underbud eted $ X03,000 Total Wastewater SEWER 641-0621-792.22-02 Diesel Fuel Higher than anticipated costs 80,000 641-0621-792.36-03 Automotive Equipment Repair Repair costs higher than expected. 10,000 Lateral sewer repairs for city's sewer $ 75,000 641-0621-792.63-35 Utility Expense insurance rogram higher than anticipated. 165,000 Total Sewer $ Total Sewa e Works Fund $ 668,000 C° F [ 's. l ss tr ~ ~ ,rq {{ 3 i r~o~,> > ~ z~~3 ~._ <tC>;1P1 ~fJCF?E CITY CLEi;EC, S0. 17EFID; 1Pd, COUNTY-CITY BUILDING 227 ~ JEFFERSON BLVD. Sourx BEND, INDIANn 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Appropriating Additional Funs for Certain Departmental and City Services Operations in 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating additional monies for departmental and City services operations for the following funds: - General Fund Fund #101 $500,000 COIT Fund #404 $100,000 The amounts are estimated higher than anticipated and a substitute attachment will be provided to ensure that the Council will only be passing an appropriation for actual dollars needed. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. fi.F~ 1lg 4,cFflm4:a 1"i~ti sf SOU 1 9 ~CiG~ ~.c( /JCF~iPttFV~J~JF~'E JANICE L. HALL DIRECTOR HUMnN RESOURCES S' erel , ~./ , . Catherine Fanello Controller Jol~v MuRrxY ASSISTt1NT CONTROLLER ROBERT ALLEN DIRECTOR INFORMATION TECHNOLOGY ~~~n ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL TIONS IN 00 INCLUDING DEPARTMENTAL AND CITY SERVICES OPERA $500,000 FROM GENERAL FUND (#101) AND $100,000 FROM COIT FUND (#404) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2008 Budget in 2007 (Ordinance #9787-07) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City Budget was adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following amounts are hereby appropriated in fiscal year 2008 and set apart within the following designated funds for operational expenses as follows: Fund Amount General (#101) $500,000 COIT (404) $100,000 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. Attest: Member of the Common Council ~C is Gi.i ~F~SS,..,,~ _ '.~. 1 ~ ~ ~ i v`i:~~ ~ivt. 9 City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of 2 at o'clock .m. Mayor, City of South Bend, Indiana 1 st RERDiNG ~' ~-~Z~~C~~ PU5LfC FiEARlP~G 3 rd READING NOF f,PPROVED RErERRED rrn cccn Nay ~ ~ ~.~~~, s~ ~ vac~a~ CITY CLEt,~, 3U. E~EtvE~, fP!. Account Number Account Name Explanation Appopriation to Expenditure Account MAYOR 101-0101-413.33-01 Promotional Appropriate dollars donated by businesses $ 39,750 for cost of IACT annual convention hosted in South Bend. This reimburses the Mayor's account for bills paid in advance of receiving the donations. $ 39,750 STREET 101-0607-431.50-06 Fuel Higher prices this year not anticipated at $ 70,000 1/1/08 for Street Vehicles/Equipment 101-0607-431.50-07 Auto Parts Higher repair costs than anticipated for $ 150,000 Street Department Vehicles/Equipment 101-0607-431.36.03 Automotive Repair Central Services allocation & repair for $ 91,000 Traffic & Lighting Velvcles 101-0607-431.22-01 Gasoline Higher prices this year not anticipated at $ 9,000 1/1/08 for Traffic & Lighting Vehicles/Equipment $ 320,000 PARKING GARAGE 101-0460-645.42-02 Main Street Garage Painting; money appropriated originally in $ 55,000 2007 but not carried over into 2008 on a purchase order. This action reappropriates for work completed. 101-0462-645.42.02 Leighton,Garage Additional carbon dioxide testing needed at ~ 3,000 garage; safety issue. Total General Fund $ 417,750 "dOV 1 ~ 9 0~i7$ JOiii~i ~fGfiFQE c1TV cl.Er~i:, ~o. aI:P.Q, ll~t. COUNTY-CIT'Y BUII.DING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/235-9216 Fax 574/235-9928 TDD 574/235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 V~j~. l\ i~~- ll -~g Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Appropriating Monies for the Purpose of Defraying the Expenses of the Century Center Enterprise Fund of the City Of South Bend, Indiana for the Fiscal Year Beginning January 1, 2009 And Ending December 31, 2009 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance appropriating monies to defray the expenses of the Century Center Enterprise Fund for the City of South Bend, Indiana for fiscal year 2009. As you may recall, this fund was not included in the budget ordinance passed on November 10, 2008. will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. ~ `.~v,J ~IOV } SC~•tid Vt7uF:7E r, Sincerely, . Catherine Farrell Controller JAI~ncE L. HALL JoxN MURPHY ROBERTA7 i FN DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~~i HUMAN RESOURCES INFORMATION TECHNOLOG ~' ~~ G ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CENTURY CENTER ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENENT By adopting Ordinance No. 9875-08 on November 10, 2008, the South Bend Common Council appropriated monies for various City enterprise funds except for that of the Century Center. It is necessary to pass this Ordinance to defray the expenses of the Century Center Enterprise Fund for the City of South Bend, Indiana for 2009. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. For the expenses of the Century Center Enterprise Fund of the City of South Bend, Indiana, for the fiscal year ending December 31, 2009, those sums of monies as set forth in the attached budget which is incorporated herein and made a part hereof, are appropriated and ordered set apart within the Century Center Fund and for the purposes specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2009, the above appropriations are made. within the Century Center-Fund of the City of South Bend. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council '~ Attest: I~ ~ ; •~~. , ~3 e ~;,C11fC~ e €.c..:. ~,si E~ a~:;.y !.~~ ~t'~c~~~r E"~ '".~t'gf'e~"'.'"'i ."•" *et~--%~^, ate. ~.n?. City Clerk ~ `' "'`~ ~o~cn~€I ~c~cas~ ~~ fi;~~ i~su~, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock •m. Deputy City Clerk Approved and signed by me on the day of o'clock .m. 2 , at Mayor, City of South Bend, Indiana ~l_z~--erg' 1st REA©tt~G PiS~3LtC HEAPtNC rcj ftEAE7it~tG :.,:T APPttdYt°~ '.: ' tED. ~ cccn ~dia~ I~ (~(~~~C'~ C~tfice NQV 1 9 %G~~ JGtit1 VOOEsi1E Cf{'Y CG,Et~lS, SJ. ~whD, Rel. CAUNPf-CITY BUILDING 227 W. JEFFERSON BLVD. Sourx BEND,INDL9NA 46601-1830 PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR . DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~,~ ~~ 18~ ~8` VJ November 19, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4u' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, for Budget Transfers for carious Departments within the City of South Bend, Indiana for the Year 2008 Dear Mr. Rouse: Attached for consideration by the Common Council is an ordinance transferring funds with within various funds within various City Departments for expenses in calendar year 2008. I will present this Ordinance to the Common Council at its Personnel and Finance Committee meeting and at its regular meeting. Thank you for your consideration. Si cerely, ~Cathe ne Fanel o Controller __----~ NOV 1 9 ~~ A ;;P: Qt~C~Ge CITY CL~?,~+;, S4. Eich~17, Ell. JANICE L. HALL ,JOHN MURPHY ROBERTALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR ~~ ~~~ ,... HUI~InN RESOURCES INFORMATION TECxNOLOCY +, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2008 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. All accounts as set forth in the detailed attachment hereto which is incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council v Attest: 6{ ; ... G~1r~}LFii•Ww..~f .ei s m.~:~~ n _ F i~ ~Qi ~f}t{{'l~i{ :i,e:~L~i~ 01~ [~Ct•~ f~;Wtkve City Clerk Present by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. Deputy City Clerk Approved and signed by me on the day of o'clock .m. 2 at Mayor, City of South Bend, Indiana I,y-Q~ 1 st P.EAD6NG tzUELEC HEAPING 3 r:.l READING 1~1GT APPP.OVED E?.E~ EEtRED PASSES? ~l~~C~ ~Cl ~i~i'~'e ~~if~~ NOV 1 9 2GOS J9e!N YpQ~OE CITY CLEt~K, ~0. t3chlD, [N. Division Account Name Ex lanation P Decrease Increase Account Number MAYOR 101-0101-413.11-08 HealdiInsurance Unused Higher costs than anticipated $ 10,250 $ 250 101-0101-413.22-01 Fuel Promotional Annual amount to Sports Commission; $ 10,000 101-0101-413.33-01 Usually is budgeted during capital but there was no real capital budget in 2008. This is the last year. $ 10,250 $ 10,250_ CODE ENFORCEMENT/ANIMAL CONTROL $ 000 15 101-1201-415.21-03 Code Office Supplies Unused Unused $ , 1,500 101-1201-415.21-04 Code Other Office Unused $ 2,500 101-1201-415.23-20 Code Small Tools Unused $ 1,500 101-1201-415.23-94 Code Other Supplies Unused $ 7,500 101-1201-415.11-08 Code Health Insurance Unused $ 14,000 101-1201-415.10-01 Code d Salaries Office Supplies Unused $ 8,500 101-1201-415.21-04 e Co de C Other Operating Supplies Unused $ 7,000 101-1201-415.22-24 o ~ d Vehicle Repair Not originally budgeted high enough- $ 28,000 101-1201-415.36-03 e Co according to past history de C Telephone Cover cost of new cell phones for $ 5,000 101-1201-415.32-04 o wireless code inspection-Not originally budgeted Code Legal Publication Price increase along with increased legal $ 9,000 101-1201-415.33-02 ads 101-1207-415.10-01 Animal Control Salaries Unused $ $ 5,000 000 5 101-1207-415.11-08 Animal Control Health Insurance Unused $ , 695 101-1207-415.39-70 Animal Control Education aUMedical ti tit I Unused Increase in number of diagnostic tests $ 5,000 101-1207-415.22-20 Animal Control on ns u used imal Control A Office Supplies Additional cleaning supplies were needed $ 1,500 101-1207-415.21-03 n 101-1207-415.21-02 Animal Control Print Shop Hi her than antici ated g p $ 2,000 Animal Control imal Control A Gasoline Higher than anticipated due to rise in $ 7,000 101-1207-415.22-01 n costs Animal Control $ 500 2 101-1207-415.35-01 Animal Control Electric Cost increase $ , 500 2 101-1207-415.35-02 Animal Control Natural Gas Cost increase , 101-1207-415.36-03 Animal Control Animal Control Vehicle Repair Higher than anticipated $ 5,000 Animal Control ~ ~ a~ (63 ~ ~ ~~ ~ cs~ a ~c ~ ~~ ~ r~ ~~ } O ..7 ~, v '4'~ ti Account Number 101-1207-415.50-OS POLICE 101-0801-421.11-08 101-0801-421.11-06 101-0801-421.22-O1 101-0801-421.36-03 FIRE 101-0901-422.10-O1 101-0901-422.22-01 101-0901-422.22-20 101-0401-422.22-22 101-0901-422.23-O1 101-0901-422.21-03 101-0901-422.32-02 101-0901-422.32-04 101-0901-422.36-03 ENGINEERING 101-0602-41.10-01 101-0602-431.11-08 101-0602-431-42.01 101-0602-431-42.01 PARK GENERAL FUND 201-1104-452.10-01 201-1104-452.11-08 201-1104-452.22-06 201-1104-452.35-02 201-1106-452.10-03 201-1106-452.35-02 PARK RECREATION FUND 203-1103-452.32-03 Division Account Name Animal Control Administrative Cost Police Police Police Police Engineering Engineering Engineering Engineering Zoo Zoo Zoo Zoo Greenhouse Greenhouse Recreation Health Insurance PERF Gasoline Automotive Equipment Explanation Original budget amount lower than needed Unused Unused Higher than anticipated Higher than anticipated Decrease Increase $ 695 ~ G8,195 $ G8,195 $ 130,000 $ 80,000 $ 80,000 $ 130,000 $ 210,000 $ 210,000 Salaries Unfilled positions Fuel Higher than anticipated Medical/Safety supplies-Central Medical supplies higher than anticipated $ ] 88,500 $ 80,000 $ 2,000 Stores Other Medical/Safety Supplies Amhulance supplies higher than $ 20,000 Building Materials anticipated Unexpected fire station repair parts $ 1,000 Central Stores-Office Supplies More office supplies needed $ $ 500 000 3 Postage Increase in postage costs $ , 000 2 Telephone Unexpected maintenance needed i $ , 000 80 Automotive Equipment r ApparatusNehicle maintenance repa $ 188,500 $ , _ 188,500 Salaries Unused dollars due to unfilled positions $ 27,300 Health Insurance Unused dollars due to unfilled positions $ 17,800 Land Repair on Riverside Trail I $ 14,800 Land Local Match for INDOT grant for $ 30,300 Riverside Trail Phase II $ 45,100 $ 45,100 Regular Unfilled positions $ 35,000 Health Insurance Unfilled positions $ 25,000 $ 20 000 Zoo Feed Increase in animal food costs $ , 000 15 Gas Natural gas higher than anticipated , Part-time Staff Personnel for Building Blocks program $ 15,000 Gas Natural gas higher than anticipated $ 10,000 _ $ 60,000 $ 60,000 Travel Unused $ 20,000 C2 . ~ .'F:- `=- ~ a~ c~ r~ ~u r° ~~ ~! ^..~ c ea.r f:: c'p`s-y ~ _ ~ ~: ~ ~ • v ~t Et.. Account Number Division Account Namc 203-1103-452.33-03 Recreation Promotional 203-1103-452.22-23 Recreation Supplies Materials & Equipment COMMUNITY & ECONOMIC DEVELOPMENT FUND Transferred to 1001 division 212-1003-460.11-18 Flex Life Transferred to 1001 division 212-1003-460.11-09 Health Transferred to 1001 division 212-1003-460.11-08 PERF Transferred to 1001 division 212-1003-460.11-04 Regular Salaries Transferred to 1001 division 212-1003-460.10-01 Flex Transferred from 1003 division 212-1001-460.11-18 Life Transferred from 1003 division 212-1001-460.11-09 Health Transferred from 1003 division 212-1001-460.11-08 PERF Transferred from 1003 division 212-1001-460.11-04 Regular Salaries Transferred from 1003 division 212-1001-460.10-01 Office Equipment Replace copier that quit working 212-1003-460.43-03 Underground Pipe & Valve Capital Transfer to contractual line 212-1077-460-42.01 Underground Pipe & Valve Relocation costs 212-1477-460.39-80 CENTRAL SERVICES 222-0605-419.10-01 Equipment Services Salaries 222-0613-419.11-09 Print Shop Life Insurance 222-0613-419.11-08 Print Shop Health Insurance EMERGENCY MEDICAL S ERVICES 288-0902-422.37-02 Capital Lease Payments 288-0902-422.42-02 Buildings 288-0902-422.43- Training Tower 288-0902-422.43-09 Explanation Decrease Increase Unused $ 35,000 Increase in number of programs offered $ 55,000 $ 55,000 $ 55,000 Unused-unfilled positions Not enough budgeted Employee manied and accepted health insurance-not originally budgeted $ 500 $ 150 $ 500 $ 1,200 $ 40,100 $ 500 $ 150 $ 500 $ 1,200 $ 26,000 $ 14,100 $ 205,000 $ 205,000 $ 247,A50 $ 247,450_ $ 8,004 $ 4 $ 8,000 $ 8,004 $ 8,004 Unused For??? Pay for training facility consultants reeardine husiness elan. fundine For a new boat, motor & trailer; rescue extrication struts on Engine 10 & 11; new rescue air bages on Rescue 1. $ 178,631 $ 9,381 $ 130,250 $ 39,000 $ 178,631 $ 178,631 ECONOMIC DEVELOPMENT INCOME TAX 408-1001-460.39-30 408-1106-452 Greenhouse Grants/ Building Blocks Program Program transferred to Parks Dept.; $ expenditures need to be re-classified from a grant program to an operating program Supplies 85,000 $ 29,500 ~? _, ;;... V-^ ~' ~ - r L) G1 ll1 i~ C3 4'-2 's Y ~ c~ C„Z .;_f c:'r ft; ,.. `~"t L7 !sA ~ -, U :° ...-. « ~- ~, ~ F.F.. Account Number 408-1106-452 408-1106-452 408-1106-452 Division Greenhouse Greenhouse Greenhouse Account Name Small Equipment Interfund transfer Capital Equipment Explanation Decrease Increase $ 17,000 $ 35,500 $ 3,000 $ 85,000 $ 85,000 WATER WORKS GENERAL FUND 620-0640-658.10-03 General Seasonal/Intern 620-0640-657.31-39 Operating Collection Agency Fees 620-0640-606.36-03 Distribution Automotive Repair 620-0640-606.22-01 Distribution Fuel 620-0640-603.22-25 Water Treatment Chemicals 620-0640-657.63-70 Operating Bad Debt Expense 620-0640-658.11-01 General FICA 620-0640-606.23-10 Distribution Repair Parts 620-0640-606.36-01 Distribution Building Repairs 620-0640-602.36-01 Source Building Repairs 620-0640-605.31-06 620-0640-657.31-35 620-0640-658.11-OS 620-0640-658.31-O1 620-0640-658.31-06 Distribution Operating General Other Prof. Services Contractual Services Health Insurance Legal Other Prof. Services WASTEWATER 641-0630-493.65-06 641-0630-793.35-O1 Chemicals Electric Unused $ 30,000 High number of delinquent accounts $ 15,000 Higher cost as equipment ages $ 8,800 Increase in costs $ 6'200 Unused ~ $ 12,000 Bad debts continue to increase $ 12,000 Unused Additional parts needed Unused Building located at Fellows Bacon Booster Station is in need of repairs to cure a security concern. Unused To cover fees associated with accepting credit cards for payments Unused 2005 Rate CaselWorlc on opting out 2005 Rate Case/Worlc on opting out Unused Higher costs than anticipated $ 6,000 $ 6,000 $ 10,000 $ 10,000 $ 25,000 $ 25,000 $ 28,000 $ 12,000 $ 16,000 $ 111,000 $ 111,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 CENTURY CENTER Unused $ 4,000 670-0406-645.23.20 Small Tools Salt Unused $ 5,000 670-0406-645.23-40 $ 9,000 670-0406-645.39-89 Miscellaneous Charges & Services 9,000 $ 9 OL ~~ 219 ~~. ~ c`~ c~ ~, C~ ~`;ui ~, fs1 C~.1 , ~ ~ ~ ~= ~ ~~ ~-;. ~ti ~ 4~ ~ ~.. r~ ~ ~ 1400 CouNrr-CITY Buu.Daac 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574! 235-9241 Fax 574/235-9892 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALP DEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY November 24, 2008 Mr. Timothy Rouse President, South Bend Common Council ~ ~ ~~`l ~,, ~G ~ ~ ,~ } ~ C> , Q p 4~' Floor, County-City Building S i~. ~ ,V Q t~ 0 South Bend, IN 46601 Re: Bill 82-08 Substitute Version: Issuance of New Temporary Loan Tax Anticipation Time Warrants Dear Mr. Rouse: Attached for Common Council consideration is a Substitute Bill No. 82-08 which authorizes the issuance of new temporary loan tax anticipation time warrants due to the delay in receiving 2008 property tax revenues. This substitute version of Bill 82-08 contains two changes. It extends the maturity date of the new tax anticipation time warrants from March 1, 2009 to April 2, 2009. It also increases the ceiling for warrants in the Hall of Fame Fund from $1,200,000 to $1,581,000. Again, Controller Catherine Fanello will present this substitute version of Bill 82-08 to the Common Council. Si rely, ~j~ ~~~~~~~' Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Catherine Fanello NOV 2 5 2008 ~~~~ v~a~?oe CITY CI,I:rK, l°0. F;EFlD, IN. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED WARRANTS AND MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY AND TO I5SUE TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXE5 TO BE RECEIVED IN SUCH. FUNDS TO THE PAYMENT OF THE WARRANTS INCLUDING THE INTEREST THEREON STATEMENT OF PURPOSE AND INTENT On June 9, 2008, due to property tax reassessment and the anticipated delays in the timing of receipt of tax revenues by the City of South Bend, Indiana (the "City") for the fiscal year ending December 31, 2008, the Common Council of the City (the "Common Council") in Ordinance No. 9846-08 authorized the Mayor and or the Controller to make temporary loans to meet certain current operating expenses of various funds of the City in anticipation of and not in excess of current taxes levied in the year 2007 and collectible in the year 2008. Ordinance Number 9846-08 further authorized the issuance of temporary loan Tax Anticipation Time Warrants to evidence such loans and the sale of such warrants. The City had expected that by December 31, 2008 it would have received property tax revenues; however, it is likely that the City will not receive sufficient property tax revenues prior to December 30 to (i) pay off the tax anticipation time warrants issued pursuant to Ordinance Number 9846-08 which tax warrants mature and are payable in full and with interest on December 30, 2008, and (ii) meet current operating expenses of various funds of the City. This Ordinance authorizes the City's Mayor and/or Controller to make such temporary loans as maybe necessary in order to pay off the outstanding tax anticipation warrants authorized by Ordinance Number 9846-08 and to issue and sell new temporary loan tax anticipation time warrants to evidence the loans for payoff of the prior warrants and meet the current expenses for the funds described herein, in a sum not to exceed taxes levied in the year 2007 and collectible in 2008. The new tax warrants shall be subject to the terms and conditions set forth at Indiana Code 36-4-6. BDDB01 54758i3v1 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. As declared in this Council's prior Ordinance 9846-08 an emergency exists for the borrowing of money and the City by its Mayor is hereby authorized to make temporary loans to (i) pay off and retire the previously issued temporary loan tax anticipation time warrants which were' authorized, by prior Ordinance 9846-08 and which tax anticipation warrants expire December 30, 2008, and (ii) meet current operating expenses of various funds of the City for which the City does not expect to receive a timely distribution of property tax revenues. The Mayor is further authorized to issue temporary loan tax anticipation time warrants to evidence the loans required to redeem and retire the temporary loan tax anticipation time warrants issued pursuant to Ordinance No. 9846-08 and meet the current expenses for the funds described in Section II herein. The issuance and sale of new temporary loan tax anticipation time warrants shall conform to the requirements of Indiana Code 36-4-6. Section II. All temporary loan tax anticipation time warrants issued pursuant to this Ordinance (the "Warrants") shall be dated as of the date of delivery. A separate Warrant or Warrants shall be issued with respect to each of the funds described below for each maturity date. The City is authorized to issue Warrants maturing and payable on April 2, 2009 in the principal amounts not to exceed the following: Principal Amount: $46,000,000 Maturing: Apri12, 2009 Fund: General Not to Exceed: $46,000,000 Principal Amount: $6,700,000 Maturing: Apri12, 2009 Fund: Parks and Recreation Not to Exceed: $6,7000,000 Principal Amount: $1,581,000 Maturing: Apri12, 2009 Fund: Hall of Fame Not to Exceed: $1,581,000 Principal Amount: $1,350,000 Maturing: Apri12, 2009 Funds: Police Pension Not to Exceed: $1,350,000 Principal Amount: $1,300,000 Maturing: Apri12, 2009 Fund: Fire Pension Not to Exceed: $1,300,000 BDDBOI 5475853v1 - 2 - The Warrants authorized herein shall bear interest prior to maturity at a rate or rates per annum not to exceed a maximum of seven percent (7.0%). The exact rate or rates of interest are to be determined under the terms of a Warrant Purchase Agreement, as hereinafter defined. Warrants not timely paid will bear interest at a rate or rates after maturity as set forth in the Warrant Purchase Agreement. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. It is understood that principal shall not be payable and interest shall not accrue on any Warrant or Warrants issued pursuant to this Ordinance until such principal amount has been advanced pursuant to requests made by the City to the Purchaser. In the event that the total principal amount of the Warrants is not advanced to the City, the principal amount of such Warrant shall be reduced to effect such reduction. The maximum principal amount of the Warrants as set forth herein shall be reduced as necessary to comply with the Internal Revenue Code of 1986, as amended (the "Code"). Section III. With respect to each Fund and each Warrant maturity date, the appropriate officers of the City are authorized to deliver a principal amount of Warrants up to or less than the maximum amount established for any such Fund or maturity date in Section II hereof in order to comply with all applicable laws. The Warrants shall be subject to redemption as provided in an Issuer's Certificate to be executed by the Mayor of the City (the "Mayor") and the City Controller. All Warrants will be delivered at the time of payment with respect to any Fund or otherwise as appropriate and in accordance with the terms of the new Warrant Purchase Agreement. Section IV. The principal of and interest on the Warrants, together with all necessary costs incurred in connection with the issuance and sale of the Warrants, shall be payable from tax revenues to be received in the respective Fund upon which such Warrant is issued. There is hereby appropriated and pledged to the payment of all Warrants issued with respect to each Fund, including interest and all necessary costs incurred in connection with the issuance and sale of the Warrants, a sufficient amount of the tax revenues, levied in 2007, and actually received in or for the year 2008, for such Fund and in anticipation of which the Warrants have been issued, for the punctual payment of the principal of and interest on the Warrants evidencing such temporary loans, together with such issuance costs, if any. Section V. The City Controller, on behalf of the City, is authorized to sell the Warrants via negotiated sale at a price not less than the par value thereof to a purchaser or purchasers (the "Purchaser") in the denomination of One Hundred Thousand Dollars ($100,000), and any integral multiple of One Dollar ($1.00) in excess of One Hundred Thousand dollars ($100,000) of single maturities. The Warrants shall be~ sold to the Purchaser pursuant to the purchase agreement (the "Warrant Purchase Agreement") between the City and the Purchaser, hereby authorized to be entered into and executed by the City Controller, on behalf of the City, subsequent to the date of the adoption of this Ordinance in accordance with the terms and conditions of this Ordinance, and with such Warrant Purchase Agreement to set forth the definitive terms and conditions of such sale, including BDDBOI 5475853v1 ~ - 3 - the interest rate or rates on the Warrants, which shall not exceed the maximum authorized. rate of interest for the Warrants issued pursuant to this Ordinance. The Warrants sold to the Purchaser shall be accompanied by all documentation required pursuant to the provisions of Indiana law and the Warrant Purchase Agreement, including without limitation ~an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures, and certification as to no litigation pending, as of the date of delivery of the Warrants to the purchaser, challenging the validity or issuance of the Warrants. The entry by the City into the Warrant Purchase Agreement and the execution of the Warrant Purchase Agreement on behalf of the City by the City Controller, in accordance with the Ordinance, are hereby authorized, approved and ratified. Section VI. The Warrants issued hereunder with respect to the Funds shall be executed in the name of the City by the manual or facsimile signature of the Mayor of the City, countersigned by the manual or facsimile signature of the City Controller, and the corporate seal of the City affixed thereto, and attested by the manual or facsimile signature of the Clerk of the City (the "Clerk"), provided, however, that at least one such signature on the Warrants shall be manual. All Warrants shall be payable in lawful money of the United States of America at the office of the City Controller as Paying Agent. Section VII. The Warrants with respect to each Fund shall be issued in substantially the following form (all blanks, including the appropriate amounts, dates, and other information to be properly completed prior to the execution and delivery thereof: (Form of Warrant) UNITED STATES OF AMERICA STATE OF INDIANA Due Date: , COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA, TEMPORARY LOAN TAX ANTICIPATION TIME WARRANT FUND) FOR VALUE RECEIVED, on or before _, 200_, the City of South Bend, Indiana (the "City), shall pay to the amount of $ (or so much thereof as may be advanced from time to time and be outstanding as evidenced by the records of the registered owner making payment for this Warrant, or its assigns) pursuant to a certain Warrant Purchase Agreement between and the City, dated as of (the "Agreement"). In addition, the City on the Due Date hereof shall pay to the bearer hereof interest at the rate of % per annum on the outstanding principal amount, with such interest to be calculated on the basis of a 360-day year comprised of twelve 30 day months. BDDBOl 5475853v1 - 4 - Both principal of and interest of this warrant are payable in lawful money of the United States of America of the Officer of the Controller of the City, as Paying Agent, or any appointed successor Paying Agent upon presentation on or after their maturity date. This Warrant evidences a temporary loan to provide funds to meet current expenses of the Fund, and this Warrant has been authorized by an ordinance passed and adopted by the Common Council of the City of South Bend, Indiana, on 2008, in accordance with Indiana Code, Title 36, Article 4, Chapter 6, and all other acts amendatory thereof or supplemental thereto. This Warrant is issued in anticipation of the tax levy which has been made for the Fund in the year 2008, which tax levy is now in the course of collection, and which may not be received until 2009. There has been irrevocably appropriated and pledged to the payment in full of the principal of and interest on this Warrant a sufficient amount of the revenues to be derived from the Fund tax levy. It is further hereby certified, recited, and declared that all acts, conditions, and things required by law precedent to the issuance and execution of this Warrant have been properly done, have happened, and have been performed in the manner required by the constitution and statutes of the State of Indiana relating thereto; that the Fund tax levy from which (together with other amounts in the Fund) this Warrant is payable, is a valid and legal levy; and the City will reserve a sufficient amount of the proceeds of the Fund tax levy currently in the course of collection for the timely payment of the principal of and interest on this Warrant in accordance with its terms. IN WITNESS WHEREOF, the City of South Bend, in the County of St. Joseph, State of Indiana, has caused this Warrant to be executed in its corporate name by the Mayor of the -City of South Bend, Indiana, countersigned by the City Controller of the City of South Bend, Indiana, and its corporate seal to be hereunto affixed and attested by the City Clerk of the City of South Bend, Indiana, all as of the day of 2008. BY: By: (SEAL) ATTEST: Clerk CITY OF SOUTH BEND, INDIANA Mayor COUNTERSIGNED: Controller [End of form of Warrant) BDDBOl 5475853v1 Section VIII. The City Controller is hereby authorized and directed to have the Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and directed to execute all Warrants in the manner and substantially the form provided in this Ordinance. Section IX. The City Controller is hereby authorized to deliver the Warrants to the Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the Warrant Purchase Agreement. Section X. The City Controller and other appropriate officers of the City are hereby authorized and directed to make such filings and requests, deliver such certifications, execute and deliver such documents and instruments, and otherwise take such actions as are necessary or appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby and thereby. Section XI. The City hereby covenants that the City and its officers shall not take any action or fail to take any action with respect to the proceeds of any of the Warrants or any investment earnings thereon which would result in constituting any of the Warrants as "arbitrage bonds" under the Code and any and all final or proposed regulations or rulings applicable thereto, or which would otherwise cause the interest on any of the Warrants to cease to be excludable from gross income for purposes of federal income taxation; and the City Controller and all other appropriate officers are hereby authorized and directed to take any and all actions and to make and deliver any and all reports, filings, and certifications as may be necessary or appropriate to evidence, establish, or ensure such continuing exclusion of the interest on the Warrants. Section XII. All resolutions and ordinances in conflict herewith are, to extent of such conflict, hereby repealed. Section XIII. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. *~~** BDDBOI 5475853v1 " 6 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 , 2008, at o'clock .m. City Clerk Approved and signed by me on the day of o'clock .m. ~ ~-z~-p~d 1st REApi~iG 3 rc~ ~EAI~lS3G ~t01' .f~~PRGVED (iEF[PRED PASSED Mayor, City•of South Bend, Indiana -7- 2008, at Ipil~d In ~I~rk'~ ~fi~i~® N(~' 2 ~ 2008 dQFtN VOORDE Cl1'@ CLs~sii<, do. 9E'lla, tel. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Vacant Land Adjacent To 3305 Lathrop Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR Gateway Plaza Real Estate, LLC WHEREAS, the Connmon 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 Vacant Land Adjacent To 3305 Lathrop Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Total Industries Lathrop St-Minor-04/05 New Replat Trans 14822-2/06/04 and which has Key Number 25-1010-0409.01 presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area-have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby .determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . 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. (, ~`~ /~ ~ Y Chu ~ Q. Member of the Common Council ~`.rafS~ry y/ Y~p"tr. (~~ (i ~ A 6J!~St",5:~ %~i Ii1Sf•: :,oP:9 1;ti' "'~3cy/ ~`r F ~~'' 'F ¢a ~ ~(~,I}"tG~} n4G0110~1 i(~S'IS~i; ~~M ESEi~~Z~E;~ (2 -~-~ S` ~,~~~; ',~,~k'<t~VEG :. ~,t?©t'TE`~ ~1~~~ ~(~ ~~~C~C'~ QiiIC~ NOV 1 9 2008 J~FiF! ~f~iORD~ Gl~Y CLEF.K,"moo. HAND, Ili. 1200 COUNTY-CITY BUILDWG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR December 1, 2008 Timothy Rouse, President ~~~ ~ C7 ~ ~/ ~ "~ ` ~ Q South Bend Common Council _ 435 County-City Building South Bend, Indiana 46601 RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A CERTIFIED TECHNOLOGY PARK AGREEMENT WITH THE SOUTH BEND REDEVELOPMENT COMMISSION, AND THE INDIANA ECONOMIC DEVELOPMENT CORPORATION Dear President Rouse: Attached for filing please find the above-referenced resolution to be considered by the Common Council at its December 8, 2008 meeting. This Resolution authorizes and approves the execution of the Certified Technology Park Agreement among the South Bend Redevelopment Commission and the Indiana Economic Development Corporation. The Agreement is attached as Exhibit "B" to the Resolution and provides for the operation and maintenance of the Certified Technology Park in accordance with Indiana Code § 36-7-32, et seq. Don-Inks will be presenting the resolution. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. Sin ely, f~ ,` C~ D nald E. nks Director, Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL 8C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT /t1`~ 574/235-9660 574/235-9371 ELIZABETH LEONARD plJ1Yv~ FAx: 574(235-9697 5741235-9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A CERTIFIED TECHNOLOGY PARK AGREEMENT WITH THE SOUTH BEND REDEVELOPMENT COMMISSION, AND THE INDIANA ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the establishment of high technology activities and public facilities related to such activities serve a public purpose and are of benefit to the general welfare of the citizens of the City of South Bend and the State of Indiana for the reasons that such activities and facilities encourage investment, facilitate job creation and retention, and provide for economic growth and diversification; and WHEREAS, Indiana Code § 36-7-32-1, et seq. ("Act") provides authority for a local governmental unit to apply to the Indiana Economic Development Corporation ("IEDC") for designation of all or part of the territory within the jurisdiction of the governmental unit's redevelopment commission as a "certified technology park", as defined by the Act; and WHEREAS, in accordance with the Act, the City of South Bend ("City") has filed an application with IEDC dated August 12, 2008 ("Application") for the designation of an area as a certified technology park ("Certified Technology Park"), such area being more particularly described in Exhibit "A" attached hereto and incorporated herein ;and WHEREAS, the IEDC has reviewed the City's Application, and has determined that the Application meets the requirements and objectives of the Act; and WHEREAS, the Act further provides that, upon IEDC's designation of a certified technology park, the IEDC, the South Bend Redevelopment Commission ("Commission") and the City of South Bend acting by and through its legislative body, the South Bend Common Council ("Council"} may enter into an agreement establishing the terms and conditions governing the certified technology park; and WHEREAS, the Council desires to support and provide for the proper operation and maintenance of the Certified Technology Park described at Exhibit "A" by entering into a Certified Technology Park Agreement with IEDC and the Commission, the form of such Agreement is attached hereto and incorporated herein as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Certified Technology Park Agreement among the Indiana Economic Development Corporation and the South Bend Redevelopment Commission that is attached hereto as Exhibit "B" is hereby approved. Section II. The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all -such instruments as may be necessary or appropriate to accomplish the establishment, operation and maintenance of the Certified Technology Park. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ,i 3 • ~ .~~, ,,.... .-i - ~; ~... i ~~''~~E+`,e.e.:~ w~~yitGi ~4 °ei~l a~i3V 4~~nb`~f.4%• ~. l4t.a s. ^ ~-~ ~.-... :3?~:. 1 E:~? ~~iG~ ~ti ds~5~,.i~19d7 ~1ttM~i GEC - 3 LOG8 G~~f 1.~~ ~:°t ~4~ ~t~.:.'::.fd7y ~~t. C:\DOCUME~ 1\CWAUGAMA\LOCALS-1\Temp\XPGrpW iselRes_CommonCouncil-ApproveTechPazlcAgreement.doc Pro'ect I.D.: (REVISED: 6/05) For Official Use Only: Staff: BD• DFO• Actions• SY: Date Sent: Lead: OVi Date Received: INDIANA ECONOMIC DEVELOPMENT CORPORATION CERTIFIED TECHNOLOGY PARK APPLICATION I. UNIT OF LOCAL GOVERNMENT I) Applicant: Ci of South Bend Check One:~X Municipality ^ Township ^ County Mailing Address: 227 W. Jefferson Blvd Suite 1200 City: South Bend State: IN Zip: 46601 County: St Joseph Federal I.D. Number: 35-6001201 Phone: 574 - 235-9371 Fax: 574 - 235-9021 2) Chief Executive Official: Ste hen J. Luecke C.E.O. Title: Name of Clerk Treasurer/Auditor/Controller: M. Catherine Fanello 3) Contact Person: Donald E. Inks Contact Person's Title: Director Economic Develo ment Phone: 574 - 235-9339 Fax: 574 - 235-9021 4) Applicant has a (check one): Department of Redevelopment/ Redevelopment Commission ^ Department of Metropolitan Development as the Redevelopment Commission of a Consolidated City 5) Legal Description of proposed Certified Technology Park (If necessary, attach additional page.): NOTE: Boundaries of t/:e proposed Park must be entirely witirin the jurisdiction of fire applicant's Redeveloprrrerrt Corr:nrission. Two geographic locations represent non contiguous areas of the Innovation Park (c~ Notre Dame. The Carrrpus Site contains research laboratories offices conference rooms and related supportine facilities and pro rams associated with both the University of Notre Dame and the Indiana University Medical School at South Bend. The Studebaker Site will provide sites and facilities to accommodate business activities emerging from the IP(a~ND - commercialization process Mks for both areas are attached (C 1-5) Legal descriptions are attached or are forthcoming. EXFiI~IT i~An 11. ri1~11 tecnnoiogy ~.,un~l~auy ~,~~~~,~,u~.~....,u....,. ----_ 1) Company Nanze:_EmNet LLC Federal LD. No. 201118177_ Street Address: 12441- Beckley Street, Suite #6 County: St. Joseph City: Granger State: IN Zip:_46530 Email:_lmontest@heliosware.com Phone: L574~ `360-1093_Fax: L574~ _968-0269_Intemet Address: _www.heliosware.com 2) Company's Senior Officer: -Luis A Montestruque Title: President 3) Contact Person: Luis A Montestruque Title: President Phone: L574~ _360-1093`Fax: L574~ _,968-0269_Email:_hnontest@heliosware.com A. Additional Information 1) List company NAICS Code_541700_ 2) List product(s) manufactured or service(s) provided by the company. Research and Development of Wireless Sensor and Actuator Networks 2) The company's activities include at least one of the following (Check all applicable activities): X Advanced Computing ^ Advanced Materials ^ Biotechnology ^ Electronic Device Technology X Engineering or Laboratory Testing Related to Development of a Product X Technology Assisting in the Assessment or Prevention of Threats or Damage to Human Health or the Environment ^ Medical Device Technology X Product Research and Development ^ Advanced Vehicles Technology 3) Has the applicant received a Letter of Intent from the Company To Locate in the Park? X_ Yes No 4) Annual revenue of Company last year: $186,143_ b.) Prior year:_$91,228 5) Does the Company have any outstanding regulatory issues with any state government agencies Yes X No (If Yes, explain below) B. Company Narrative. Please attach a brief narrative history of the company, including ownership, business operations, and product market. (Label as Attachment A) C. Employment Information: (Full-time Employment Only) 1) List the Company's current level of employment 2_ Z) Level of employment one (1) year ago._2 3) List total annual payroll of the Company's Indiana operation $ $134,00 4) List the new employees job title (e.g., software engineer, machinist) and wage levels. Identify the job-skill level (skilled, semi- l0 ee5 (Attach additional sheets if necessary) skilled, unskilled). Include only fu ll-tune permanent, company emp y # FT Jobs Job Title Current Wages Skill Level W/O Fringes With Fringes 1 Software Engineer Skilled $65,000 $ 1 Electrical En ineer Skilled $65,000 $ 1 Marketing and Sales Skilled $50,000 $ $ $ 3 =Total Net New Hires 2 COMPANY DISCLOSURE: Please answer the following and explain all yes responses on a separate page. Yes X No 1. Is the company presently involved in any litigation, which would have a material adverse effect on the company's and/or principals' financial condition? Yes X No 2. Has the company or its affiliates ever been involved in bankruptcy, creditor's rights, or receivership proceedings or sought protection from creditors? Yes X No 3. Has any member of the company's management (Officers, etc.), been convicted of any felony? Yes X No 4. Has the company or any member of the management been under indictment or investigation by a public agency for a violation of a state or federal statute? Please answer the following and explain all no responses on a separate page. X Yes NoS. Is the company in good standing with Indiana Department of Revenue? X Yes No 6. Is the company in good standing with the Indiana Department of Environment Management? X Yes No 7. Is the company in good standing with the Indiana Department of Workforce Deve]opment? Yes No 8. Is the company in good standing with the Indiana Department of Natural Resources? Project Information: Attach as Attachment B a brief narrative that specifically describes the folios: ing requirements for approval of current and future applications for Certified Tech Park (CTP) status and grants from the Technology Development Grant Fund: 1. Submission of a viable business plan that establishes a clear strategy for long-term growth. 2. Demonstration that designation of the CTP creates an opportunity to amact a specific high-tech business. 3. Agreement on behalf of the applicant that funds from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund will be expended according to CTP guidelines. 4. Agreement on behalf of the applicant that IEDC may revoke the tax increment and recapture rights of the technology park in the event of noncompliance with any part of the agreements of the community, redevelopment commission, or any tenant of the park. . 5. Evidence of local government financial participation in the establishment of the CTP. 6. An agreement with an Indiana institution of higher education requiring that institution to make a meaningful.. _ . monetary or in kind contribution to the park. 7. Agreement between IEDC and the applicant regarding • The types of businesses eligible to locate in the park; and • The types of businesses located within the park from which revenue may be recaptured for use within the park. SEEATTACNMENTS B and D for the ir2fornTatiorT requested in this section. Technology Park Incubator Information: Will there be an incubator associated with the Technology Park? Yes_X No (If yes, please describe as Attachment C) An overview of the proposed incubation activities are outlined in the attached Business Plan for the Innovation Park Notre Dame (Attachment D). The establishment of staff and program to support commercialization activities is central to the Innovation Park @ Notre Dame. APPLICANT CERTIFICATION: I affirm that data in this application are true and correct to the best of my knowledge. APPLICANT AUTHORIZATION: Signature: Name: Ste hen J. Luecke Date: Title: Mayor (Mayor, County Commissioner, Town Board President, or duly authorized representative) 4 CTP Application Innovation park @ Notre Dame ATTACHMENT A Company Narrative EmNet LLC EmNet LLC was established in May of 2004 by two graduate students from the University of Notre Dame. The company was established to assist faculty members from the departments of Electrical Engineering and Civil and Environmental Engineering of the University of Notre Dame in a research project. The project was funded by the Indiana's 21St Century Technology Fund and addressed Combined Sewer Overflows (CSO). CSOs occur when wet weather conditions overwhelm wastewater treatment plants (WWTP), as result, WWTP operators are forced to release raw sewage to lakes, rivers, and oceans. Every year the volume of raw sewage equivalent to the water carried by the Mississippi river during: one week is released by CSOs. This problem affects more than 700 cities in USA. Indiana has more than 100 CSO communities that are expected to spend more than $17 Billion in CSO abatement programs in the next 20 years. As a result of the research project some joint intellectual property was generated along with a prototype system for CSO abatement. The prototype system uses low-power wireless technology and specialized software to control flows throughout the wastewater collection system. This system has the potential of being more effective and more economic than other available solutions. In March 2007, EmNet LLC secured another grant from the 215Y Century Technology Fund to finalize the development of its CSO solution. This will allow EmNet to move from product development to production. EmNet is involved in a number of additional research projects involving EmNet's low-power wireless technology for environmental applications, such as water quality monitoring in lakes and rivers, biosensors, heating, ventilation, and air conditioning systems, and biochemical agent monitoring systems. EmNet business model is based on a three tier structure that includes low cost preprogrammed hardware, engineering services, and data hosting and maintenance services that is appealing to small resource- constrained municipalities. EmNet is owned by Luis Montestruque Ph.D. and small group of experienced investors. These investors are composed by successful local entrepreneurs with extensive experience in the areas of manufacturing, water industries, software and hardware commercialization, and other related industries. CTP Application Innovation park @ Notre Dame ATTACHMENT B Page I Project Information A brief narrative that specifically describes specific requirements for approval of current and future applications for Certified Tech Park (CTP) status and grants from the Technology Development Grant Fund: 1. Submission of a viable business plan that establishes a clear strategy for long-term growth. The complete- Basiness Plan for the Innovation Park (cry Notre Dame is included. See Attachment D. ,. Demonstration that designation of the CTP creates an opportunity to attract a specifrchigh-tech business. It is critical that the City of South Bend, St. Joseph County, and the State of capture the economic impacts of the commercialization of the research product of both Notre Dame and the adjacent Indiana University School of Medicine-South Bend. The location of a Certified Technology Park on the common doorstep of these two research and educational entities enables the State of Indiana to capture the economic impacts of the largest untapped source of comrnercializable research capacity in the State. The location of the Innovation Park at Notre Dame is ideal to provide a base for the initiation of the companies commercializing these research findings and as a location for the supporting activities needed to sustain the research agendas and the growth of the resulting commercial entities emerging from Notre Dame, IUSM-SB and the other universities of the South Bend area. 3. Agreement on behalf of the applicant that funds from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund will be expended according to CTP guidelines. All parties agree to expend funds received from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund in accordance with CTP guidelines. (It is noted that the CTP's tax increment account will not include real and personal property taxes collections within the Campus or Studebaker sites, as these sites are already included in pre-existing TIF districts.) 4. Agreement on behalf of the applicant that lEDC may revoke the tax increment and recapture rights of the technology park in the event of noncompliance with any part of the agreements of the community, redevelopment commission, or any tenant of the park. All parties are prepared to agree to these provisions, provided that acceptable notice and cure provisions are included. CTP Application Innovation park @ Notre Dame ATTACHMENT B Page 2 5. Evidence of local govermnent financial participation in the establishment of the CTP. The City of South Bend ,the University of Notre Dame and Project Future, which represents the City of South Bend, St. Joseph County, and many of the larger corporations and educational institutions of the area, spent in excess of $150,000 on the planning for and development of the Parkin 2006. Additional funds were expended in prior years to fund the initial studies of park feasibility. Project Future continues to provide the funding for development efforts in 2008. The significant participation of the City of South Bend in the IP@ND is detailed in the attached business plan. Briefly, the City of South Bend: • Is providing services to the Campus Site, including water, sewer, road and communications infrastructure. • The City has and will continue to address all acquisition, clearance, environmental cleanup, repatt, and new infrastructure costs associated with the Studebaker Site. • The City of South Bend is a substantial investor in the joint Notre Dame and City of South Bend Eddy Street Commons Development. This development is providing conference, meeting and support facilities, and supplemental office space to the Campus Site, attributes found in all successful U.S. technology and innovation parks, thus relieving the project of the requirement to provide for this space in the formal research, incubation and commercialization facilities. • The City of South Bend has agreed to direct a pending Federal grant of $784,000 to the IP@ND. 6. An agreement with an Indiana institution of higher education requiring that institution to make a meaningful monetary or in kind contribution to the park. The substantial initial participation and long-term commitment of the University. of Notre Dame is detailed in the attached Business Plan. The University has agreed to. financially backstop the operational and facility costs associated with the IP@ND. 7. Agreement between IEDC and the applicant regarding • The types of businesses eligible to locate in the park; and The types of businesses located within the park from which revenue maybe recaptured for use within the park. Tenants in the park are expected to include: • Start-up companies based on intellectual property or technology platforms emerging from Notre Dame, or in collaboration with another university or college in the region, CTP Application Innovation park @ Notre Dame ATTACHMENT B Page 3 e Start-up companies recruited from other parts of the US or from other countries seeking to harness the intellectual property or a technology platform at Notre Dame, • Liaison offices and/or collaborative laboratory space for separately-funded larger businesses that have, or wish to have, an ongoing research/technology development relationship with the University of Notre Dame, and its faculty and students, e Conceptual development ventures emerging from a University technology platform pursuing proof of concept prior to company formation and market entry, and • "Surge" space for University research awaiting dedicated campus facilities, or cross-institutional endeavors with other organizations, e.g., IUSB, Purdue, industry, etc. • "Graduating" business moving from the Campus Site into the Studebaker Site or other appropriate locations across St. Joseph County. The City of South Bend and the University of Notre Dame understand that it is the intention of the CTP legislation that the recapture funds made available through the CTP legislation are intended to be derived from the above business types, and from specific support facilities. 8 CERTIFIED TECHlITOLOGY PARK AGREEMENT This Agreement is among the Indiana Economic Development Corporation (hereinafter referred to as "IEDC"), the City of South Bend, Indiana, by and through the South Bend Common Council, the legislative body of the City of South Bend, Indiana (the "Governmental Unit") and the South Bend Redevelopment Commission (the "Commission" and with the Governmental Unit, the "City"). RECITALS WHEREAS, Indiana Code § 36-7-32 et seq. (the "Act") provides that a governmental unit may apply to the IEDC for designation of all or part of the territory within the jurisdiction of the unit's redevelopment commission as a certified technology park under the Act; and WHEREAS, the IEDC may approve a unit's application for the designation of a certified technology park under the Act if the IEDC determines that the application demonstrates (i) a firm commitment from at least one (1) business engaged in a high technology activity creating a significant number of jobs and (ii) significant support from or a significant commitment by, a postsecondary educational institution or other institution of higher education, a private research based institute, or a military research and development or testing facility on an active United States government military base or other installation located within, or in the vicinity of, the proposed certified technology park, among other criteria set forth in Section 11 of the Act; and WHEREAS, the IEDC may riot approve an application for a certified technology park that would result in a substantial reduction or cessation of operations in another location in Indiana in order to relocate them within the certified technology park; and WHEREAS, the Act further provides that upon the IEDC's designation of the certified technology park that the IEDC, the unit's redevelopment commission and legislative body of the unit that created the redevelopment- commission shall enter into an agreement governing the certified technology park's designation; and WI~REAS, to maintain its designation, the Act provides that a successful applicant must maintain information regarding the operation of the certified technology park, including but not limited to, the following: (1) total employment and payroll levels for all businesses operating within the certified technology park, (2) the nature and extent of any technology transfer activity occurring within the certified technology park; (3) the nature and extent of any nontechnology businesses operating within the certified technology park; (4) the use and outcomes of any state money made available to the certified technology park; and (5) an analysis of the certified technology park's overall contribution to the technology-based economy in Indiana; and WHEREAS, the City has filed an application with the IEDC dated August 12, 2008 (the "Application") for the designation of an area commonly referred to as Innovation Park at Notre Dame as a certified technology park under the Act (the "Park"), which Application is attached hereto as Appendix I and hereby incorporated herein by reference; and EKHI~IT nBn WHEREAS, the City desires to locate the Park in the areas commonly known as the Campus Site and the Sample Street Site and more particularly described at Exhibit A (collectively, the "Area"), which Exhibit A is attached hereto and incorporated herein by reference; and WHEREAS, the IEDC, after reviewing the Application, has determined that the Application demonstrates (i) a firm commitment from at least one (1) business engaged in a high technology activity creating a significant number of jobs and (ii) significant support from or a significant commitment by, a postsecondary educational institution, as evidenced by the commitment letter dated August 12, 2008 from the University of Notre Dame (the "Sponsor"); and WHEREAS, the IEDC has also determined upon the City's satisfaction of its commitment to invest at least an additional six million dollars ($6,000,000) in infrastructure and other construction costs at the Sample Street Site, in addition to its efforts to acquire and remediate the land that comprises or may comprise the Sample Street Site that the entire Park would be ready to be developed to principally contain property that may be primarily used for high technology activity (as' defined in Section 7 of the Act) or a business incubator in accordance with Section 11(a}(~ of the Act; and WHEREAS, in light of the characteristics of the Park as identified in the Application, the market conditions near the Park and the unique support provided by the Sponsor, the IEDC has determined that the designation of the Park would not result in a substantial reduction or cessatiori of operations in another location in Indiana in order to relocate into the Park; and WHEREAS, the City desires to support and to provide for the proper operation and maintenance of the Park consistent with the provisions of the Act and this Agreement; - WHEREAS, the establishment of high technology activities and public facilities (as defined in Section 9 of the Act} within the Park, as outlined in the Application and this Agreement, serves a public purpose and is of benefit to the general welfare of the citizens of the City and the State by encouraging investment, job creation and retention, and economic growth and diversification; NOW, THEREFORE, the parties to this Agreement, in consideration of the mutual covenants, obligations, and stipulations set forth herein, witness and agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is to enable the IEDC to designate the Park as a certified technology park under the Act and to establish the terms and conditions governing the Park's designation, in accordance with the Act. The Park is hereby designated as a certified technology park under Section 11 of the Act and such designation shall be governed by the Act and the terms and conditions of this Agreement. The Park shall consist of the Area, as further described in Paragraph 3 of this Agreement, will operate pursuant to the Business Plan attached to the Application as Attachment D, and shall include the public facilities set forth in Exhibit B. _2_ 2. TERM OF AGREEMENT: The term of this Agreement and the designation of the Park shall be from January 1, 2009 and shall continue in effect during the existence of the Park's designation as a • • certified technology park under Section 11 of the Act. In accordance with the Act, the Park's designation is subject to the continued review of the IEDC and will expire on December 31, 2012 (the "Expirttfion Date") unless recertified by the IEDC. If the L designation of the Park lapses or is terminated for whatever reason and the Park is subsequently recertified, this Agreement shall be automatically renewed and the Expiration Date automatically extended and the Agreement shall operate as if the Park's designation continuously remained in effect unless the parties agree otherwise. 3. DESCRIPTION OF AREA The Park designation shall apply to the Area only. A description of the Area is as set forth at Exhibit A, as set forth above. The Commission may acquire, demolish, and remediate the real property depicted at Exhibit C as Land to be Acquired (East) ("Expansion Area No. 1") and Land to be Acquired (South) ("Expansion Area No. 2") as a part of its redevelopment efforts. If the Commission acquires, demolishes and remediates one or both of the foregoing areas in their entirety, the IEDC shall approve a request by the Commission to expand the boundaries of theSample Street Site to include the acquired, demolished and remediated expansion area, and the Commission and the' IEDC shall execute an addendum to this Agreement providing for that expansion. To avoid all doubt, it is understood that the designation of any expansion area will expire at the same time as the original Sample Street Site. 4. COVENANTS AND RESTRICTIONS: The following covenants and restrictions are applicable to all properties contained within the Area: A. The Commission has established or shall establish a certified technology park fund (the "CTP Ftcnd") under Section 23 of the Act to receive (i) all property tax proceeds allocated under Section 17 of the Act and (ii) any monies distributed to the Commission under Section 22 of the Act (collectively, the "CTP Revenues"). All CTP Revenues, as well as grants, if any, awarded from the IEDC's Technology Development Grant Fund established under Indiana Code § 5-28-10 (the "TDGF Statute") shall be expended only in compliance with the Act, the lEDC's Certified Technology Park Program Requirements, and the TDGF Statute (as applicable), as all maybe amended from time to time. B. The .City shall maintain information regarding the operation and maintenance of the Park and, beginning March 15, 2010, shall provide an annual report (the "Annual Report") to the IEDC by March 15 of each year for the immediately preceding calendar year ending December 31: (1) total employment and payroll levels for all businesses operating within the Park, which should also include the number of new jobs created in that year, (2) the .nature and extent of any technology transfer activity occurring within the Park; (3) the nature and extent of -3- any nontechnology businesses operating within. the Park; (4) the use and outcomes of any state money made available to the Park; and (5) an analysis o~ the Park's overall contribution to the technology-based economy in Indiana, including but not limited to the amount of capital investment that occurred and the products have been developed and/or commercialized. The Annual Report shall further include complete list of the employers in the Park by street names and the range of street numbers of each street in the Area as of December 31. C. The parties agree that the designation of the Park and the tax increment recapture provisions of the Act are intended to attract and assist businesses that primarily engage in a high technology activity. In the event that the IEDC determines that the Park is being operated so as to not principally benefit, attract or assist businesses that primarily engage in a high technology activity, the IEDC may, upon providing notice to the City, restrict the tax proceeds allocated under Section 17 and Section 22 of the Act to only those derived from businesses primarily engaged in a high technology activity, as determined by the IEDC or with such exceptions approved by the IEDC in writing. D, The City shall maintain that all public facilities supported in whole or in part from CTP Revenues or grant funds awarded under the TDGF Statute continue to be used as public facilities for their useful lives as determined in accordance with federal income tax depreciation schedules. Any sale or conveyance of a public facility must include a restrictive covenant that said public facility must continue to be used for a high technology activity and as a public facility, even if owned by a private entity, unless the sale or conveyance is approved in advance by the IEDC in writing. Based upon the conditions represented in the Application, the IEDC determines that, in order to increase employment and private investment in the Park, the City may sell or rent to a business engaged primarily in a high technology activity at a price less than market value public facilities owned by, or developed by or with the assistance of, the Commission; provided that (i) the terms of conveyance or lease shall include a restrictive covenant that the public facilities will only be used primarily for high technology activities and as a public facility and legal and equitable remedies and rights to insure the proper enforcement of said restrictive covenant and (ii) the City discloses the material terms of the sale or rental in its Annual Report for each year in which the compensation is less than market value. Nottivithgtanding the foregoing, the IEDC may provide the City written notice of its determination that any future permanent or temporary sale or rentals below market value shall be prohibited, and the City .may not enter into an arrangement, which may inhibit the effectiveness of such prohibition (such as a long-term leases with subleasing capabilities or a non-arm's length transaction involving a significant portion of its public facilities). 5. FINANCIAL COIVIlVIITMENTS: In designating the Park as a certified technology park under the Act, the IEDC has materially and significantly relied upon the following financial and performance commitments provided by the City in its Application: -4- A. The Sponsor has committed to provide the resources necessary to complete Phase I of the Park's plan, as described in the Application. The cost of Phase I is estimated at approximately Fifteen Million Dollars ($15,000,000). As described in the Application, the Sponsor is also coordinating, and may underwrite, the operations of the Campus Site. ' B. The City will complete the acquisition, demolition and remediation of the property comprising the Sample Street Site by June 1, 2011 using financial resources other than CTP Revenues. The City will also invest at least an additional Six Million Dollars ($6,000,000), exclusive of any CTP Revenues, for the construction of infrastructure and other improvements at the Sample Street Site to enable its real estate to achieve ashovel-ready condition by December 31, 2012. 6, PRIMARY ACTIVITIES WITHIN PARK; MARKETING OBLIBATION The City shall make every effort to ensure that the primary activity of the Park shall be for high technology activities. The City shall notify IEDC in advance of any action taken by the City or the Sponsor or any of its contractors, grantees or assigns to approve, allow or permit a project or a significant activity to locate or occur within the Park, the primary focus of which does not consist of high technology activities. In consideration for the designation of the Park and any funds received under Paragraph 7, the City hereby agrees to market the Park, on behalf of the IEDC, through the term of this Agreement to the extent required by the Act. 7, CERTIFIED TECHNOLOGY PARK INaREME NT1AL2 ~ hINA (tChIN 5 F e CTP The tax increment financing fund establish Fund") shall receive (i) 100% of the aggregate amount of state gross retail and use taxes that are remitted under Indiana Code §6-2.5 by businesses which exceed t and o~ s 100% base period amount, in accordance with Indiana Code § 36-7-32-22(b)(1); ( ) of the income tax incremental amount provided for in Indiana Code § 36-7-32- 22(b)(2)(A}-(D). Notwithstanding the foregoing or anything in the Act to the contrary, not more than an aggregate total of Five Million and 00/100 Dollars ($5,000,000.00) in CTP Revenues or other funds that may be deposited into the State CTP Fund over the course of its designation. . g. CERTIFIED TECHNOLOGY PARK FUND: Except as set forth in Section 4 of this Agreement, money deposited in the CTP Fund may be used by the Commission only for one or more of the following purposes: ' A. Acquisition, improvement, preparation, demolition, disposal, construction, reconstruction, remediation, rehabilitation, restoration, preservation, maintenance, repair, furnishing, and equipping of public facilities. $, Operation of public facilities as defined in the Act. -5- C. Payment of the principal of and interest on any obligations that are payable solely or in part from money deposited in the CTP Fund and that are incurred by the Commission for the purposes of fmancing or refinancing the development of public facilities in the Park. D. Establishment, augmentation or restoration of the debt service reserve for obligations described in Section 8c of this Agreement. E. Payment of the principal of and interest on bonds issued by the City to pay for public facilities in the Park. F. Payment of premiums on the redemption before maturity of bonds described in Section 8c of this Agreement. G. Payment of the amounts due under leases payable from funds deposited in the CTP Fund. H. Reimbursement to the Governmental Unit for expenditures made by it for public facilities in the Park. I, Payment of expenses incurred by the Commission for public facilities that are in the Park. For any purpose authorized by an agreement between the Commission and another redevelopment commission entered into under Section 26 of the Act. K. For any other purposes permitted by the Act, as amended. 9. ACCESS TO RECORDS: A. The City and its permitted grantees or contractors, if any, shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the expenditures of the CTP Revenues ("Records"), for inspection by the IEDC, the State of Indiana or by any of their respective authorized representatives, and reasonable requests for copies thereof shall be furnished to the IEDC and the State of Indiana if requested. The City and its permitted grantees or contractors, if any, shall make all Records available at their respective offices at all reasonable times during the term of this Agreement and for three (3) years from the date of the final expenditure of the CTP Revenues eligible to be captured under this Agreement or until a state or federal audit has been completed and all audit exceptions cleared, whichever is earlier. S. If the IEDC determines that fraud or other criminal misconduct has occurred involving CTP .Revenues, the IEDC shall consider the City in default and may terminate this Agreement. The City will be responsible for reimbursement to the IEDC of the full amount of CTP Revenues misappropriated. -6- C. The IEDC and its authorized representatives and staff have the right, at all reasonable times, to make site visits to: (1) review Park accomplishments and to confer with principals of the City and permitted grantees or contractors, if any; (2) to audit Records and management control systems; and (3) to provide such technical assistance as may be required. If any site visit is made on the premises of City, the Park or any grantee or contractor under this Agreement, the City shall provide and shall require its grantees and contractors to provide all reasonable facilities and assistance for the safety and convenience of the IEDC or its representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the Park's operations or work on the Park. The City will be given at least one (1) week prior notice before any site visit. 10. STATUTORY AUTHORITY OF CITY: As a condition of designation of the Park, the City expressly warrants to the IEDC that the Commission has been duly established under, and operates pursuant fo, Indiana Code § 36=7-14 or that represents a Department of Metropolitan Development on behalf of a consolidated city under Indiana Code § 36-7-15.1. 11. COMPLIANCE WITH LAWS: A. The City agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state . or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the IEDC and the City to determine whether the provisions of the Agreement require formal modification. (B.) The City and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the IEDC and the State of Indiana, as set forth in Indiana Code § 4-2-6 et seq., Indiana Code § 4-2-7 et sec the regulations promulgated thereunder, and Executive Order 04-08, dated- April 27, 2004. If the City is not familiar with these ethical requirements, the City should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission ~vebsite at http://www.in.gov/ethics. If the City or its agents violate any applicable ethical standards, the IEDC may, in its sole discretion, terminate this Agreement immediately upon notice to the IEDC. In addition, the City may be subject to penalties under Indiana Code § 4-2-6-12. (C.) The City certifies by entering into this Agreement, that neither it nor its principal(s) is presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the IEDC or the State of Indiana. Further, the City agrees that any payments in arrears and currently due to the IEDC or the State of Indiana may be withheld from payments due to the City. Additionally, further work or payments may be withheld, delayed, or denied -7- and/or this Agreement suspended until the City is current in its payments and has submitted proof of such payment to the IEDC. (D.) The City warrants that it has no current or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana pending, and agrees that it will immediately notify the IEDC of any such actions. During the term of such actions, the City agrees that the IEDC may delay, withhold, or deny work or funding under this Agreement. (E.) If a valid dispute exists as to the City's liability or guilt in any action initiated by the IEDC, the State of Indiana or its agencies, and the IEDC decides to delay, withhold, or deny funding to the City, the City may request that funding be continued. The City must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the IEDC may delay, withhold, deny, or apply under this paragraph shall not be subject to penalty or interest under Indiana Code § 5-17-5. (F.) The City warrants that the City and its grantees and contractors, if any, shall obtain and maintain all required permits, licenses, and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities at the Park. Failure to do so is a material breach of this Agreement and grounds for immediate suspension of this Agreement, and if it persists in a material way, for termination of the Agreement and denial of further assistance from the IEDC. (G.) The City hereby affirms that the Governmental Unit is a "unit" as such term is defined in Indiana Code § 36-1-2-23 and used in the Act, that it owes no outstanding reports to the Indiana Secretary of State, and that it is in good standing with the Indiana Department of Revenue. The City also affirms that (1) there are no outstanding enforcement actions against it by agencies of the State of Indiana, and (2) there are no significant workforce issues pending against the City. The below named signatory(ies) hereby warrant that they are authorized to make such affirmations to the IEDC. (H.) City agrees that the IEDC may confirm, at any time, that no liabilities exist to the IEDC or the State of Indiana, and, if such liabilities are discovered, that IEDC or the State of Indiana may bar the City from contracting with the IEDC or the State of Indiana in the future, cancel existing contracts, withhold payments to setoff such obligations, and withhold further payments or purchases until the entity is current in its payments on its liability to the IEDC or the State of Indiana and has submitted proof of such payment to the IEDC or the State of Indiana. 12. COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT: The City shall abide by Indiana Code § 5-22-3-7 and include the following in any " agreement or contract with a grantee or contractor (the "Grantee"). -8- (1) the Grantee and any principals of the Grantee certify that (A) the Grantee, except for de minimis and nonsystematic violations, has not violated the terms of (i) Indiana Code § 24--4.7 [Telephone Solicitation of Consumers], (ii) Indiana Code § 24-5-12 [Telephone Solicitations], or (iii) Indiana Code § 24^5-14 (Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if Indiana Code § 24-4.7 is preempted by federal law; and (B) the Grantee will not violate the terms of Indiana Code § 24-4.7 for the duration of the Agreement, even if Indiana Code § 24.7 is preempted by federal law. (2) The Grantee and any principals of the Grantee certify that an affiliate or principal of the Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or principal of the Grantee: (A) except for de minimis and nonsystematic violations, has not violated the terms of Indiana Code § 24-4.7 in the previous three hundred sixty-five (365) days, even if Indiana Code § 24-4.7 is preempted by federal law; and (B) will not violate the terms of Indiana Code § 24-4.7 for the duration of the Agreement, even if Indiana Code § 24--4.7 is preempted by federal law. 13. DRUG-FREE WORKPLACE CERTIFICATION: (A.) The City hereby covenants and agrees to make a good faith effort to provide and maintain adrug-free workplace during the term of this Agreement. City will give written notice to the IEDC within ten (10) days after receiving actual notice that the. City, or an employee of the City in~the State of Indiana has been convicted of a criminal drug violation occurring in City's workplace. (B.) It is further expressly agreed that a false certification, a violation of the certification or the failure of the City~to in good faith comply with the terms of this Paragraph shall constitute a material breach of this Agreement and shall entitle the IEDC to impose, or may otherwise result in, sanctions against the City including, but not limited to, suspension or termination of this Agreement and/or the debarment of the City from doing further business with the IEDC and the State of Indiana for up to three (3) years. (C.) In addition to the provisions of above paragraphs, if the total Agreement amount set forth in the Agreement is in excess of Twenty-Five Thousand Dollars ($25,000.00), the City hereby further agrees that this Agreement is~ expressly subject to the terms, conditions and representations of the following Certification: This certification is°re~uired by Executive Order No. 90-5, Apri112, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana -9- Department of Administration is requiring the inclusion of this certification in all grants with and grants from the State of Indiana in excess of $25,000.00. No award of a grant shall be made, and no grant, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the City and made part of the agreement as part of the Park documents. The City certifies and agrees that it will provide adrug-free workplace by: 1. Publishing and providing to all of its employees a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and 2: Establishing adrug-free awareness program to inform employees about: (a.) The dangers of drug abuse in the workplace; (b.) The City's policy of maintaining a drug-free workplace; (c.) Any available drug counseling, rehabilitation, and employee assistance programs; and (d.) The penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace. 3. Notifying all employees in the statement required by subparagraph 1 above that as a condition of continued employment the employee will; (a.) Abide by the terms of the statement; and (b.) Notify the City of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 4. Notifying in writing the IEDC within ten (10) days after receiving notice from an employee under subparagraph 3(b) above, or otherwise receiving actual notice of such conviction; and - Within thirty (30) days after receiving notice under subparagraph 3(b) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (a.) Take appropriate personnel action against the employee, up to and including termination; or (b.) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purpose by -10- a Federal, State or local health, Iaw enforcement, or other appropriate agency; and 6. Making a good faith effort to maintain adrug-free workplace through the implementation of subparagraphs 1 through 5 above. 14. NONDISCRIMINATION: Pursuant to Indiana Code § 22-9-1-10, the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the'Americans with Disabilities Act, City and its grantees or contractors shall not discriminate against any employee or applicant for employment related. to the Park with respect to the hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of the race, color, religion, sex, age disability, national origin or ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of contract. Acceptance of this Agreement also signifies compliance with applicable federal and state laws and regulations prohibiting the aforementioned discrimination in the provision of services. 15. NOTICE TO PARTIES: Whenever any notice, statement or other communications shall be sent to the IEDC, or the City and the Commission, it shall be sent to the following address, unless otherwise specifically advised in writing. Notices to the Indiana Economic Development Corporation shall be sent to: Indiana Economic Development Corporation Attention: General Counsel One North Capitol, Suite 700 Indianapolis, Indiana 46204 Notices to the City and the Commission shall be sent to: South Bend Redevelopment Commission Attention: Department of Law 227 West Jefferson Boulevard, Suite 1400 South Bend, Indiana 46601 16. ORDER OF PRECEDENCE: Any inconsistency or ambiguity in the Agreement shall be resolved by giving precedence in the following order: (1) this Agreement (including its exhibits), (2) the Act and all applicable State of Indiana or IEDC regulations or guidelines, (3) all application requirements and guidelines, and (4) the Application. 17. ENFORCEMENT OF AGREEMENT: Upon designation of the .Park under the terms of this Agreement and the Act, a subsequent failure of any party to comply with the terms of this Agreement may result in -11- the termination or rescission of the designation as a Park effective upon delivery of written notice to the non-offending party. Further, the IEDC retains the right to revoke, by delivery of written notice to the City, the tax increment and recapture rights of the Park under the Act in the event of the IEDC's determination of noncompliance by the Governmental Unit, the Commission, its grantees or contractors or any tenant located in the Park, notwithstanding any term of this Agreement to the contrary. The City shall not enter into any transaction under the Act which may inhibit the IEDC's enforcement of this Agreement, including a transaction under Section 24, without the express written approval of the IEDC. 18. ASSIGNMENT: The City shall not assign in whole or any part of the Park or this Agreement or the rights hereunder to any other person or entity. 19. HOLD HARMLESS: The City shall indemnify, defend, and hold harmless the IEDC and the State of Indiana and their respective agents, officers, employees and representatives from all claims and suits for financial loss or for loss or damage to property, including the loss of use thereof, and injuries to or death of persons, including without limitation any officers, agents, employees and representatives of City or its grantees or contractors, and from all judgments recovered therefor and for expenses in defending any such claims or suits, including court costs, attorneys' fees, and for any other expenses caused by an act or omission of City and/or its grantees, contractors, agents, officers or employees in connection with performance.of this Agreement or of the IEDC in exercising its rights under this Agreement. The IEDC shall not provide such indemnification to the City 20. DEBARMENT AND SUSPEN5ION: The City certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Agreement by any federal agency or department, the IEDC, or agency or political subdivision of the State of Indiana. City further certifies, by entering into this Agreement, that it will not knowingly, with funds received under this Agreement or otherwise deposited into the CTP Fund, grant to, or hire, any entity which it nor its principals are, at •the time of the contract debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into an agreement with any federal agency or department, the IEDC, or agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a • critical influence on or substantive control over the operations of City. 21. PENALTIES; INTEREST; ATTORNEY'S FEES: The IEDC will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest or attorney's fees, except as authorized by Indiana law, in part, if applicable, Indiana Code § 5-17-5, Indiana Code § 34-54-8, and Indiana. Code § 34-13-1. Notwithstanding the provisions contained in -12- Indiana Code § 5-17-5, the parties hereto stipulate and agree that any liability resulting from any failure of the IEDC to make payments as required hereunder shall be based solely on, and limited to, the principal amount of any previously generated CTP Revenues that have been withheld, and shall not be based on funding from federal or other sources or the City's projected or committed use of any source of funding. ~. 22. REMEDIES 1~TOT IMPAIltED: No delay or omission of IEDC in exercising any right or remedy available under this Agreement shall impair any such right or remedy, or constitute a waiver of any default or acquiescence thereto. 23. MISCELLANEOUS. (A.) The headings in this Agreement are intended solely for convenience or reference and will be given no effect in the construction or interpretation of this Agreement. (B.) This Agreement, including any attached exhibits, supersedes all prior oral and written proposals and communications, if any, and sets forth the entire Agreement of the parties with respect to the subject matter hereof and may not be altered or amended except in writing, signed by an authorized representative of each party hereto. (C.) The construction and enforcement of this Agreement will be. governed by the laws of the State of Indiana, without regard to principles of choice of law and suit, if any, under this Agreement shall be brought in Indiana, and the City hereby consents to the personal jurisdiction of Indiana courts. (D.) No waiver of any default, failure to perform, condition, provision or breach of this Agreement will be deemed to imply or constitute a waiver of ~ any other like default, failure to perform, condition, provision or breach of this Agreement. (E.) If any paragraph, term, condition or provision of this Agreement will be found, by a court of competent jurisdiction, to be invalid or unenforceable, or if any paragraph, term, condition or provision is found to violate or contravene the laws of the State of Indiana, then the paragraph, term, condition or provision so found will be deemed severed from this Agreement, but all other paragraphs, terms, conditions and provisions will remain in full force and effect. (F.) The parties to, the Agreement, in the performance of this Agreement, will be acting in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of any other party for any purposes whatsoever. No party will assume any liability for any injury (including death) to any persons, or any damage to any property arising out of the acts or omissions of the agents, employees or subagents of any other party. -13- (G.) The City shall be responsible for providing all necessary unemployment and .workers' compensation insurance for the City's employees expended with funds received or disbursed as a result of this Agreement. (H.) Unless otherwise terminated or modified as expressly permitted hereunder, this Agreement will remain in force during the term stated in Paragraph 2. Notwithstanding anything contained herein to the contrary, provisions of this Agreement, which by their nature contemplate rights and obligations of the parties to be enjoyed or performed after the expiration or termination of this Agreement, will survive until their purposes are fulfilled. 24. REPRESENTATIONS CONCERNING APPLICATION: 'The City represents and warrants that the representations, statements and all other matters contained in the Application are true and complete in all material respects. It shall be considered a material breach of this Agreement if such representations, statements and other matters were not true and complete at the time the Application was made. 25. AUTHORITY TO COMMIT TO GRANT AGREEMENT: Notwithstanding anything in this Agreement to the contrary, the signatories for the City represents that he/she has been duly authorized to execute contracts on behalf of the City and has obtained all necessary or applicable approvals from the office of the City to make this Agreement fully binding upon the City when his/her signature is affixed, and this Agreement is not subject to further acceptance by City when accepted by the IEDC. 26. DEFINITIONS: Terms not otherwise defined in this Agreement shall have the meanings set forth in the Act. 27. NON-COLLUSION AND ACCEPTANCE: The undersigned attests, subject to the penalties for perjury, (i) that he/she is the contracting party, or that helshe is the duly authorized representative, agent, member or officer of the contracting party; (ii) that he/she has not, nor has any other member, employee, representative, agent or officer of the City, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and (iii) that he/she has not received or paid any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of the Agreement. (remainder of page intentionally left blank) -14- IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have ' executed this Agreement on the dates entered below. SOUTH BEND REDEVELOPMENT COMMISSION Marcia Jones, President Date: Signature Page of South Bend Redevelopment Commission - to Technology Park Certification Agreement -15- CITY OF SOUTH BEND, INDIANA Timothy Rouse Common Council President Date: Signature Page of President of the Common Council of the City of South Bend, Indiana to Technology Park Certification Agreement -16- INDIANA ECONOMIC DEVELOPMENT CORPORATION Nathan J. Feltman, Indiana Secretary of Commerce Date: Signature Page of Indiana Economic Development Corporation to Technology Park Certification Agreement -17- EXHIBIT A LEGAL DESCRIPTION Campus Site Parcel l [Please insert the legal description obtained from DLZ Industrial on Drawing Number 8129PL for both Parcel 1 and Parcel 2] Parcel l Indiana University Medical School at South Bend Parcel The building commonly known as 1234 Notre Dame Avenue, South Bend, Indiana 46617 and any academic researching centers constructed in the area adjacent thereto, south of Angela_ ~~ Boulevard and north of Napoleon Street between Notre Dame Avenue and Eddy Street. j. Office Structure located at the NW comer of Eddv Street and Angela Boulevard The two (2) off ce buildings to be located on the northwest comer of Eddy Street and Angela Boulevard as identified on the mapped attached as Exhibit A-1 and may be referred to as ~J and [~ North Eddy Street, South Bend, Indiana. Sample Street Site The area west of Franklin Street (vacated), south of Sample Street, east of Prairie Avenue (State Road 23), and north of Cotter Street from Prairie Avenue (State Road 23) to Kendall Street, then east of Kendall Street and north of the Penn Central Railroad (Michigan Central Railroad). (To the extent Kendall Street is vacated to provided for the expansion of the parcel west of Kendall Street, the boundaries shall shift east to the end of that parcel as expanded between Cotter Street and the Penn Central Railroad (Michigan Central Railroad). EXHIBIT B PUBLIC FACILITIES TO BE DEVELOPED AND COST 1. 54,000 square foot business incubator to be located on Parcel 1 of the Campus Site. (Approximate cost $15,000,000.) Z. Public infrastructure or other improvements to be constructed by the City on the Sample Street Site to enable the site to be considered shovel-ready and to provide for the development of that site. (Approximate cost $6,000,000 to $9,000,000.) APPENDIX I APPLICATION T Tl (REVISED: 6/05) Y1'O eCL 1.L.: Stir Official Use Only: - - Staft: BD: DFO: Actions• .': SV:. Date Sent: Lead: OV: Date Received: ' INDIANA ECONOMIC DEVELOPMENT CORPORATION CERTIFIED TECHNOLOGY PARK APPLICATION I. UNIT OF LOCAL GOVERNMENT 1) Applicant: City of South Bend Check One~X Municipality ^ Township ^ County Mailing Address: 227 W. Jefferson Blvd Suite 1200 City: South Bend State: IN Zip: 4660] County: St. Joseph Federal I.D. Number: 35-6001201 Phone: 574 - 235-9371 Fax: 574 - 235-9021 2) Chief Executive Official: Stephen J Luecke C.E.O. Title: Manor Name of Clerk Treasurer/Auditor/Controller: M. Catherine Fanello 3) Contact Person: Donald E. Inks Contact Person's Title: Director Economic Development Phone: 574 - 235-9339 Fax: 574 - 235-9021 4) Applicant has a (check one): Department of Redevelopment/ Redevelopment Commission ^ Department of Metropolitan Development as the Redevelopment Commission of a Consolidated City 5) Legal Description of proposed Certified Technology Pazk (If necessary, attach additional page.): NOTE: Boundaries of tl~e proposed Park must be entirely within the jurisdiction ojthe applicant's Redevelopment Commission. Two ~eoaraphic locations represent non-contiwous areas of the Innovation Park (a7 Notre Dame The Campus Site contains research laboratories offices conference rooms and related supporting facilities and programs associated with both the University of Notre Dame and the Indiana University Medical School at South Bend. The Studebaker Site will provide sites and facilities to accommodate business activities emerQinQ from the IPna,ND commercialization process Maps for both areas are attached (C 1-5) Leal descriptions are attached or are forthcoming. Y Y ! ~ 11. t11>?n 1 eCnnolO~,y l,ompany iniorma~ton: L.,,,~.c~ ,~,.~~.. 1) Company Name:_EmNet LLC Street Address: _12441 Beckley Street, Suite #6 City: Granger State:_IN Zip:_46530 Email:_hnontest@heliosware.com Phone: L574~ _360-1093_Fax: L574~ _968-0269_Internet Address: www.heliosware.com 2) Company's Senior Officer: Luis A Montestruque Title: President 3) Contact Person: Luis A Montestruque Title: President Phone: L574~ _360-1093 Fax: L574~ _968-0269_Email:_hnontest@heliosware.com A. Additional Information i) List company NAICS Code_~41700 2) List product(s) manufactured or service(s) provided by the company. _Research and Development of Wireless Sensor and Actuator Networks 2) The company's activities include at least one of the following (Check all applicable activities): " X Advanced Computing ^ Advanced Materials ^ Biotechnology ^ Electronic Device Technology X Engineering or Laboratory Testing Related to Development of a Product X Technology Assisting in the Assessment or Prevention of Threats or Damage to Human Health or the Environment ^ Medical Device Technology X Product Research and Development ^ Advanced Vehicles Technology 3) Has the applicant received a Letter of Intent from the Company To Locate in the Park? _X_ Yes 4) Annual revenue of Company last year: _$186,143_ b.) Prior year:_$91,228 5) Does the Company have any outstanding regulatory issues with any state government agencies Yes X No (If Yes, explain below) .B. Company Narrative. Please attach a brief narrative history of the company, including ownership, business operations, and product market. (Label as Attachment A) " C. Employment Information: (Full-time Employment Only) 1) List the Company's current level of employment_2_ 2)-Level of employment one (1) year ago._2 3) List total annual payroll of the Company's Indiana operation $ $134,00 4) List the new employees job title (e.g., software engineer, machinist) and wage levels. Identify the job-skill level (skilled, semi- ..,,:n..., ....,.t.ate,a~ r....t...te ...,1., A~11_t;mP nPrmanent cmm~anv emnlovees. (Attach additional sheets if necessary) # FT Jobs Job Title Skill Level Current Wages W/O Fringes With Fringes 1 Software Engineer Skilled $65,000 $ 1 Electrical En ineer Skilled ~ $65,000 $ 1 Marketing and Sales Skilled $50,000 $ $ ~ $ 3 =Total Net New Hires Federal I.D. No. 201118177 County: St. Joseph No 2 COMPANY DISCLOSURE: Please answer the following and explain all yes responses on a separate page. .Yes X No . 1. Is the company presently involved in any litigation, which would have a material adverse effect on - the company's and/or principals' financial condition? Yes X Na 2. Has the. company or its affiliates ever been involved in bankruptcy, creditor's rights, or receivership proceedings or sought protection from creditors? Yes X No 3. Has any member of the company's management (Officers, etc.); been convicted of any felony?. Yes X No 4. Has the company or any member of the management been under indictment or investigation by a public agencyfor a violation of a state or federal statute? Please answer the following and explain all no responses on a separate page. X Yes No 5. Is the company in good standing with Indiana Department of Revenue? X Yes No 6. Is the company in good standing with the Indiana Department of Environment- Management? X Yes No ! 7. Is the company in good standing with the Indiana Department of Workforce Development? X Yes No 8. Is the company in good standing with the Indiana Department of Natural Resources? Project Information: Attach as Attachment B a brief narrative that specifically describes the following requirements for approval of current and future applications for Certified Tech Park (CTP) status and grants from the Technology Development Grant Fund: 1. Submission of a viable business plan that establishes a clearstrategy for loner term growth. 2. Demonstration that designation of the CTP creates an opportunity to amact a specific high-tech business. 3. Agreement on behalf of the applicant that funds from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund will be expended according to CTP guidelines. 4. Agreement on behalf of the applicant that IEDC may revoke the tax increment and recapture rights of the technology park in the event of noncompliance with any part of the agreements of the community, redevelopment commission, or any tenant of the park. 5. Evidence of local government financial participation in the establishment of the CTP. 6. An agreement with an Indiana institution of higher education requiring that institution to make a meaningful monetary or in kind contribution to the park. 7. Agreement between IEDC and the applicant regarding • The types of businesses eligible to locate in the park; and • The types of businesses located within the park from which revenue may be recaptured for use within the park. SEE ATTACH1l~lENTS B a~td D for t/te information requested in tl:is sectio~z. 3 Technology Park Incubator Information: Will there be an incubator associated with the Technology Park? Yes X~ No (If yes, please describe as Attachment C) An overview of the proposed incubation activities are outlined in the attached Business Plan for the Innovation Park (a, Notre Dame (Attachment D). The establishment of staff and program to support commercialization activities is central to the lnnovation.Park @ Notre Dame. APPLICANT CERTIFICATION: I affu~m that data in this application are true and correct to the best of my knowledge. APPLICANT AUTHORIZATION: Signature: Name: Stephen J Luecke ...«.,. Title: Mayor (Mayor, County Commissioner, Town Board President, or duly authorized representative) f Date: 4 CTP Application Innovation park @ Notre Dame ATTACHIvIENT A Company Narrative EmNet LLC EmNet LLC was established in May of 2004 by two graduate students from the University of Notre Dame. The company was established to assist faculty members from the departments of Electrical Engineering and Civil and Environmental Engineering of the University of Notre Dame in a research project. The project was funded by the Indiana's 21St Century Technology Fund and addressed Combined Sewer Overflows (CSO). CSOs occur when wet weather conditions overwhelm wastewater treatment plants (WWTP), as result, WWTP operators are forced to release raw sewage to lakes, rivers, and oceans. Every year the volume of raw sewage equivalent to the water carried by the Mississippi river during one week is released by CSOs. This problem affects more than 700 cities in USA. Indiana has more than 100 CSO communities that are expected to spend more than $17 Billion in CSO abatement programs in the next 20 years. As a result of the research project some joint intellectual property was generated along with a prototype system for CSO abatement. The prototype system uses low-power wireless technology and specialized software to control flows throughout the wastewater collection system. This system has the potential of being more effective and more economic than other available solutions. In March 2007, EmNet LLC secured another grant from the 21St Century Technology Fund to finalize the development of its CSO solution. This will allow EmNet to move from product development to production. EmNet is involved in a number of additional research projects involving EmNet's low-power wireless technology for environmental applications, such as water quality monitoring in lakes and rivers, biosensors, heating, ventilation, and air conditioning systems, and biochemical agent monitoring systems. EmNet business model is based on a three tier structure that includes low cost preprogrammed hardware, engineering services, and data hosting and maintenance services that is appealing to small resource- constrained municipalities. EmNet is owned by Luis Montestruque Ph.D. and small group of experienced investors. These investors are composed by successful local entrepreneurs with extensive experience in the areas of manufacturing, water industries, software and hardware commercialization, and other related industries. CTP Application Innovation park @ Notre Dame ATTACHMENT B Page I Project Information A brief narrative that specifically describes specific requirements for approval of current and future applications for Certified Tech Park (CTP) status and grants from the Technology Development Grant Fund: 1. Submission of a viable business plan that establishes a clear strategy for long-term growth. The complete Business Plan for the Innovation Park (a, Notre Dame is included. See Attachment D. 2. Demonstration that designation of the CTP creates an opportunity to attract a specific high-tech business. . It is critical that the City of South Bend, St. Joseph County, and the State of capture the economic impacts of the commercialization of the research product of both Notre Dame and the adjacent Indiana University School of Medicine-South Bend. The location of a Certified Technology Park on the common doorstep of these two research and educational entities enables the State of Indiana to capture the economic impacts of the largest untapped source of commercializable research capacity in the State. The location of the Innovation Park at Notre Dame is ideal to provide a base for the initiation of the companies commercializing these research findings and as a location for the supporting activities needed to sustain the research agendas and the growth of the resulting commercial entities emerging from Notre Dame, IUSM-SB and the other universities of the South Bend area. 3. Agreement on behalf of the applicant that funds from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund will be expended according to CTP guidelines. All parties agree to expend funds received from the CTP's tax increment account and grants awarded from the Technology Development Grant Fund in accordance with CTP guidelines. (It is noted that the CTP's tax increment account will not include real and personal property taxes collections within the Campus or Studebaker sites, as these sites are already included in pre-existing TIF districts.) 4. Agreement on behalf of the applicant that IEDC may revoke the tax increment and recapture rights of the technology park in the event of noncompliance with any part of the agreements of the community, redevelopment commission, or any tenant of the park. All parties are prepared to agree to these provisions, provided that acceptable notice and cure provisions are included. CTP Application Innovation park @ Notre Dame ATTACHMENT B Page 2 5. Evidence of local government financial participation in the establishment of the CTP. The City of South Bend ,the University of Notre Dame and Project Future, which represents the City of South Bend, St. Joseph County, and many of the larger corporations and educational institutions of the area, spent in excess of $150,000 on the planning for and development of the Parkin 2006. Additional funds were expended in prior years to fund the initial studies of park feasibility. Project Future continues to provide the funding for development efforts in 2008. The significant participation of the City of South Bend in the IP@ND is detailed in the attached business plan. Briefly, the City of South Bend: Is providing services to the Campus Site, including water, sewer, road and communications infrastructure. • The City has and will continue to address all acquisition, clearance, environmental cleanup, repatt, and new infrastructure costs associated with the Studebaker Site. • The City of South Bend is a substantial investor in the joint Notre Dame and City of South Bend Eddy Street Commons Development. This development is providing conference, meeting and support facilities, and supplemental office space to the Campus Site, attributes found in all successful U.S. technology and innovation parks, thus relieving the project of the requirement to provide for this space in the formal research, incubation and commercialization facilities. • The City of South Bend has agreed to direct a pending Federal grant of $784,000 to the IP@ND. 6. An agreement with an Indiana institution of higher education requiring that institution to make a meaningful monetary or in kind contribution to the park. The substantial initial participation and long-term commitment of the University of Notre Dame is detailed in the attached Business Plan. The University has agreed to financially backstop the operational and facility costs associated with the IP@ND. 7. Agreement between IEDC and the applicant regarding • The types of businesses eligible to locate in the park; and • "The types of businesses located within the park from which revenue may be recaptured for use within the park. Tenants in the park are expected to include: • Start-up companies based on intellectual property or technology platforms emerging from Notre Dame, or in collaboration with another university or college in the region, CTP Application Innovation park @ Notre Dame ATTACHMENT B Page 3 • Start-up companies recruited from other parts'of the US or from other countries seeking to harness the intellectual property or a technology platform at Notre Dame, • Liaison offices and/or collaborative laboratory space for separately-funded larger businesses that have, or wish to have, an ongoing research/technology development relationship with the University of Notre Dame, and its faculty and students, • Conceptual development ventures emerging from a University technology platform pursuing proof of concept prior to company formation and market entry, and • "Surge" space for University research awaiting dedicated campus facilities, or cross-institutional endeavors with other organizations, e.g., ILTSB, Purdue, industry, etc. • "Graduating" business moving from the Campus Site into the Studebaker Site or other appropriate locations. across St. Joseph County. . The City of South Bend and the University of Notre Dame understand that it is the intention of the CTP legislation that the recapture funds made available through the CTP legislation are intended to be derived from the above business types, and from specific support facilities. 8 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD Sovrx BEND, INDwu+ 46601-1830 PHONE 574! 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OP SOUTH BEND STEPHEN J. LUECI¢, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY November 25, 2008 Mr. Timothy Rouse President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance Closing Water Leak Insurance Fund No. 644 and Repealing Applicable Portions of theSouth Bend Municipal Code Dear Mr. Rouse: The Indiana Utility Regulatory Commission's (IURC) most recent decision concerning the City of South Bend's water rates, directed the City to cease charging a separate water leak repair/replacement fee, and to include that cost as part of the general rate. With this IURC decision, there is no further need for separate Water Leak Insurance Fund No. 644. The monies in that Fund should be transferred~to Water Works Operating Fund No. 620, and the South Bend Municipal Code provisions pertaining to repair and replacement of water lines (Chapter 17, Article 6) should be repealed as unnecessary. For accounting purposes, this process should be effective as of December 31, 2008. I, therefore, enclose an ordinance which approves these internal accounting adjustments, and which has an effective date of December 31, 2008. The Controller will provide the Council with year-end accounting of the monies in Fund No. 644 to be transferred to Water Works Operating Fund No. 620. Making presentation of this Ordinance to the Common Council may be David Tungate, Roxanne Lawson, Catherine Fanello, or a combination of them. Thank you for your consideration. Sincerely, ~~ ~~ ~_ ` J - - Aladean M. DeRose Chief Assistant City Attorney AMD/cw THOMAS L,. BODNAR CHERYL A. GREENS ANN-CAROL HASH JEFFREY M. JANKOWSHI _ LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND N0.644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND N0.620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT For many years the City of South Bend's Water Works Division has assessed a monthly charge of Two Dollars ($2.00) per customer used to repair leaks or replace water service lines. Revenue from this charge has been deposited in Water Leak Insurance Fund No. 644. The Office of Utility Consumer Counselor (OUCC), a division of the Indiana Utility Regulatory Commission (IURC), has recently recommended and the IiJRC has directed that this separate charge for water line repair/replacement be added to the regular water tariff for the City's water customers. The addition of the separate water leak charge to the water tariff eliminates the need for the separate Water Leak Insurance Fund No. 644. This ordinance transfers the monies now on deposit in Fund No. 644 to Water Works Operating Fund No. 620, and closes Fund No. 644 which is no longer necessary. It also repeals in its entirety Article 6 of Chapter 17 of the South Bend Municipal Code which was created by Ordinance No. 5930-75 on December 16, 1975 and which established and regulated payment of this water service charge. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: • Section I. All monies within Water Leak Insurance Fund No. 644 shall be transferred to Water Works Operating Fund No. 620. Section II. Fund No. 644 shall be closed upon transfer of all monies in Water Leak Insurance Fund No. 644 to Water Works Operating Fund No. 620. Section III. Article 6 of Chapter 17 of the South Bend Municipal Code consisting of Sections 17-49 through 17-55 inclusive is hereby repealed~in its entirety. Section N. After its passage by the Common Council and Approval by the Mayor, this ordinance shall be effective as of, and retroactive to December 31, 2008. i3'.~.»!2!f Y y;=.e;t 1..:. f, ice, .. ~ ( 1 ~`~ / _~7kLQ.~ ~? . ~. . _ _ . _ , _ .... _; ~=~.._ Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the o'clock . m. City Clerk day of 2 at 1 st P..r .~.hiG ;'lJuI.IC F,EAF.t?~~ t~~l' ,~t~i Q'J~]' rr~~ `F~ f;. •~ ~"=~SSEI?. . _~ Mayor, City of South Bend, Indiana Filed (~ Glerk's G~~iee NQV 2 5 2008 3oHIV VQQRQE C{1'Y CLERK, ~4~. BEHt?, f?~. ~~`~~ I~ ~ ~ $~-os ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 421 NAVARRE AND 419 NAVARRE (NOW KNOWN AS 541 WILLIAM AND 543 WILLIAM), COUNCILMANIC DISTRICT No. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the subject properties are currently zoned R- 2 (Residential) and have been used for that purpose and the current owner of the properties intends to change their use to uses consistent with the zoning classification OB (Office Buffer). BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 4990-68, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot Numbered Six (6) as shown on the recorded Plat of Fred W. Keller's Subdivision of Lots No. 16, 17, 18 and 32 of Burroughs' Subdivision of Bank Out Lots Numbered 115 of the Third Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, EXCEPTING THEREFROM a lot or parcel of land 40 feet in width, East and West, taken off of and from the entire width of the West end thereof. A part of Lots Five (5) and Six (6) as shown on the recorded Plat of Fred W. Kelley's Subdivision of Lots Sixteen (16), Seventeen (17), Eighteen (18), and Thirty-two (32) of Burrough's Subdivision of Bank Out Lot of One Hundred Fifteen (115) of the Third Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, and the vacated alley on the North Side of Lots 16, 17, 18 which part is bounded by a line running as follows: Beginning at the Southwest corner of said Lot 6; thence East Forty (40) feet; thence North to a point Ten (10) feet South of the North line of Lot 5 in said subdivision; thence Southwesterly parallel with the Northerly line of said Lot 5 to the West line of said Lot 5; thence South along the West boundary of said Lots 5 and 6 to the place of beginning. be and the same is hereby established as OB (Office Buffer). SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 200 at o'clock_.m. City Clerk Approved and signed by me on the day of _ , 200 at o'clock .m. 1 st t~Ek~bii~lG ~ ~' J~ ~ g t;",L[C HEARING rd f;E!,Ctt\G IvOT q~rROVEa !•:EI"C~:S~iED ~~J5~7~ Mayor of the City of South Bend, Indiana ~~~:~ {t: ~~~E't~'~ ~i~iii~f; NO`J 2 6 2008 JGN4~IVGGRaE CITY CIFRK, ~0.6E~IG, I~. Date Filed: November 26, 2008 Application No.: Date received by the Area Plan Commission: I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 421 Navarre (now 541 William) 419 Navarre (now 543 William) Address (if none, give the general location with the nearest intersection) Northeast corner of the intersection of Portage/William and Navarre 2) Name and address of property owner(s) of the petition site: Name: F.I.R.E. d/b/a Familes First Center Full Address and Phone Number: 605 Portage South Bend, IN 46616 (574) 287-4375 3) Name and address of contingent purchaser(s), if applicable: N/A Name: N/A Full Address and Phone Number: N/A 4) It is desired and requested that this property be rezoned from R-2, Residential to OB, Office Buffer 5) This rezoning is requested to allow the following use(s): mixed use as offices (northern duplex unit)and residential (southern duplex unit) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoninq classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. F.I.R.E. INC. (dlb/a FAMILIES FIRST CENTER) B ~ ~ / ~- Y Peter G. Trybula, Boar reasurer PETITION PREPARED BY: CONTACT PERSON: (If different) Name: Peter G. Trybula Name: Peter G. Trybula Full Address and Phone Number: Full Address and Phone Number: Barnes & Thornburg LLP Barnes & Thornburg LLP 600 1st Source Bank Center ~ 600 1st Source Bank Center 100 North Michigan Street 100 North Michigan Street South Bend, IN 46601-1632 South Bend, IN 46601-1632 (574) 237-1113 (574) 237-1113 ~1~~~ l~ ~~~`C~'~ ~t~t~~ NOV 2 ~ L00~ ~cula voer~a~ CITY CL[nit, 5U. BEi~D, (N. Legal Description Real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot Numbered Six (6) as shown on the recorded Plat of Fred W. Kelley's Subdivision of Lots No. 16, 17, 18 and 32 of Burroughs' Subdivision of Bank Out Lots Numbered 115 of the Third Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, EXCEPTING THEREFROM a lot or parcel of land 40 feet in width, East and West, taken off of and from the entire width of the West end thereof. A part of Lots Five (5) and Six (6) as shown on the recorded Plat of Fred W. Kelley's Subdivision of Lots Sixteen (16), Seventeen (17), Eighteen (18), and Thirty-two (32) of Burrough's Subdivision of Bank Out Lot of One Hundred Fifteen (115) of the Third Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, and the vacated alley on the North Side of Lots 16, 17, 18 which part is bounded by a line running as follows: Beginning at the Southwest corner of said Lot 6; thence East Forty (40) feet; thence North to a point Ten (10) feet South of the North line of Lot 5 in said subdivision; thence Southwesterly parallel with the Northerly line of said Lot 5 to the West line of said Lot 5; thence South along the West boundary of said Lots 5 and 6 to the place of beginning. SBDS02 PTRYBIJLA 381386v1 . NO~d ? 0 2008 CITY G~Ef~K, 57. ~tinR, fP~. 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SOUTH BEND IN 018-1054-2289 AND NORMA J. 620 PORTAGE SOUTH BEND IN 46616 620 PORTAGE AV 46616 18 VAC LOT 4008E SOUTH BEND IN 018-1054-2296 MAYFIELD DEBORAH L NAVARRE SOUTH BEND IN 46616 414 LAMONTE TE 46616 18 VAC LOT 400 417 W NAVARRE SOUTH BEND IN 018-1054-2295 BICKEL JERRY N JR BLK NAVARRE SOUTH BEND IN 46616 ST 46616 S &ADJ TO 511 ~ 1200 COUNTY SOUTH BEND IN 018-1018-0731 ST JOSEPH COUNTY 513 NAVARRE SOUTH BEND IN 46616 CITY BUILDING 46601 VlL ADJ 509 SOUTH BEND IN 018-1018-0707 MILLER TYRONE NAVARRE SOUTH BEND IN 4661 6 1523 KINYON ST 46628 PALMER IOANNA & POLIXENI 2005 SOUTH BEND IN 018-1018-0734 IRREVOCABL 614 LELAND AV SOUTH BEND IN 46616 614 LELAND AVE 46616 ROEHRS TAB & SOUTH BEND IN 018-1018-0703 BARBARA ANN MISC 609 PORTAGE SOUTH BEND IN 46616 609 PORTAGE 46616 HAJNIK FRANK T & SUZANNE A (1/2) & SOUTH BEND IN 018-1018-0720 CHRIS 617 PORTAGE AV SOUTH BEND IN 46616 617 PORTAGE AV 46616 SUMMERS;EFFLER SOUTH BEND IN 018-1054-2305 AARON & ERIKA M 613 PARK AVE SOUTH BEND IN 46616 613 PARK AVE 46616 PATTERSON FAITH & DUBS ELIZABETH JNT SOUTH BEND IN 018-1054-2290 TEN 614 PORTAGE SOUTH BEND IN 46616 614 PORTAGE AV 46616 MOZDZIERZ PAMELA D SOUTH BEND IN 018-1020-0845 & FILER A DAVID 413 MARION SOUTH BEND IN 46601 PO BOX 576 46624 SBINESTMENT 018-1021-0856 HOLDINGS LLC 503 MARION SOUTH BEND IN 46601 12225 DUNN RD MISHAWAKA IN 46545 18 VAC LOT 400 SOUTH BEND IN 018-1020-084601 WELCO RE LLC BLK MARION SOUTH BEND IN 46617 521 WILLIAM ST 46601 SOUTH BEND IN 018-1054-2297 CHIMUTA COREEN 617 CHAPIN PL SOUTH BEND IN 46616 20907 DARDEN RD 46628 SOUTH BEND IN 018-1054-2294 WYLlE ALVIN B 420 LAMONTE SOUTH BEND IN 46616 420 LAMONTE 46616 510 W NAVARRE SOUTH BEND IN 018-1018-0750 ANDERSON CAROL ST SOLfiH BEND IN 46616 510 W NAVARRE 46616 fl ~~~;.~ ti ~it~~ ~~ r~ n~ rt7 ~~ / ~ %~~ O ~ CST`( C1.61th, ..~• FAMILIES FIRST CENTER- PARKING LoT L ~ i o z .O Q JC3iihf `Jg?RGE ,~ . CfTY GLlr?fS, SCE. i?ct.D, ft'!. 'p~ C NEW ~ ~ N CONCRETE ~ 9 .=i SIDEWALK ~ "' ~ ~ G Z \ \ f \ ~ \ ~ ~ ~ EXISTING • e CONCRETE a` ~ . ~ PAVEMENT ~ LOW FLOWERING ° SHRUB HEDGE ~ ~ PERENNIAL \\ ORNAMENTAL MASSING LOW FLOWERING GRASS ACCENT ~ \ SHRUB SCREEN ~ \ RNAMENTAL `: TREE, TYPICAL ~ -\ RNAMENTAL 1 BASS ACCENT ' ° • . ~ ~ I f °': - - •~. NEW PARKING LOT a. _ ! , %~ ~ ~ ~ ~~ ' 16 TOTAL SPACES :, '.:.I `• PERENNIAL ~: •. ~ I J LARGE FLOWERING MASSING O ~ / SHRUBS ° ' °~' OFFICE ~;° •.. ORNAMENTAL •° EXPANSION GRASS ACCENT •,•~ - . ' °• I I NEW .. CONCRETE _ _ -------------~ L PAVEMENT - ------ - ---- -------------#-t ~ (OPEN LAWN AREA I SIDEWALK ~ W. NAVARRE STREET Z 0 3 P A N O 'J x SCALE: 1 "=30'-0" 0 CONCEYTUAI SITE PLAN IS BASEU ON SOUTH WHRE) ANU L E H MAN & L E H MAN CONCEPTUAL BENU GIS INFONMATION (SHOWN IN IS NOT GUANANTEEU TO BE ACCUNATE. AUUITIONAL SITE INFONMATION ON BFFEBUNVEY WILL BE Transforming Horimns 1S/ T9G6 0255 FAX~574 4257 LANDSCAPE PLAN . . . SIOLINGOCNWAYCAST.5UITGC. MISHAWAKA.IN 46544 TEL 57 NECE55ANY FON 517E ANU INFNASTNUCTUNE [ANDSCAPL•ARCHITECTURG AND PLANNING NMr1N.CEHMANANDCGHAIAN.COA4 VENIFICATION. Cul+l~ighl O 1008 Lehman S lelrnen IM;. All Rights ReserveJ. EXISTING OFFICES ~ ~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROFERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT • & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, AND IS PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT AND "ME1" URBAN CORRIDOR MULTI-FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "MU" MIXED USE DISTRICT TO ALLOW FOR THE DEVELOPMENT OF SMALL RETAIL SHOPS ON THE MAIN BUILDING LEVEL AND RESIDENTIAL RENTAL UNITS ON THE SECOND BUILDING LEVEL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENC$ ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF- WAY LINE, N. 21°11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "MU" MIXED USE DISTRICT. 2 SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THEE COMMON COUNC Z ATTEST: ~, _.. - ;. ~ ~,:c 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 2 AT O'CLOCK .M. ~ sr ~~1~~.0.~ 3 r:~ ~L-.?D4tvG itiOrT f' i'nT~ROVEf~ ~,L~ri~~{tQ ~ ".SSED DAY OF MAYOP., CITY OF SOUTH BEND, INDIANA ~ii~~ ~~ ~~~~t~'~ ~ff~~~ DEC - 1 %C~8 [,' 1 1 L4E'.I1 R~ Jif. ~';~Vi:f, Ik'l. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: JOHN D. & LEONA RAPPELLI ']04 PF.A$j3WAY SOUTH BEND, INDIANA 46617 PHONE NUMBER (574) 232-0875. ROSEMARY MANDRICI 820 PEASHWAY SOUTH BEND, INDIANA 46617 PHONE NUMBER (574) 292-0974. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "SFl" SINGLE FAMILY AND TWO FAMILY DISTRICT & "MF1" URBAN CORRIDOR MULTI-FAMILY DISTRICT TO: "MU" MIXED USE DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). SMALL RETAIL SHOPS B). RESIDENTIAL RENTAL UNITS. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL_PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP,. IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMF,S, PRINTED IN 8 1~`z" x 11" FORMAT. SIGNED SIGNED PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH; HARMER & ASSOCIATES 1643 COMI4ERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 2 _ ~~ ? ~ < LEONA RAPPELLI ~i~~~ l~ ~~~i~a'~~- ~f~i~~ ~ EC - 1 2a0~ ct~ c~er,K, LEGAL DESCRIPTION THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF Sfi. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. 'IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE' OR LESS TO A POIr7T ON THE LAST LI*.TE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF- WAY LINE , N . 21 ° 11' 38" E . , 48.71 FEET TO A POINT ON fiHE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. ~QiYA9 ~11 ~~~~ e4 ~ $~~tb~TJ DEC - 1 LGu~ p~ [ .l[OtlttF`a0~~;;r~t~~ Property Owners Within 300 Feet University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1022 0504 Michael Duddy 1613 Sherwood Rd Reading, PA 19609 Tax Key # 024 1008 061727 Paul & Alexandria Cassani 1241 Rippey EI Cajon, CA. 92020 Tax Key # 024 1008 06'1718 PRR Properties LLC PO Box 22 Mchenry, IL. 60050 Tax Key # 024 1008 061728 Marguerite Lehner 533 Lockerbie Lane Dayton, OH. 45429 Tax Key # 024 1008 061.721 Patrick Simeri 52595 Willow Bend Dr Granger, 1N. 46530 Tax Key # 024 1008 0618 Ronald & Wendy Simko 37 Terence Dr Eng{ishtown, NJ. 07726 Tax Key # 024 1008 061716 Herman & Betty Krizmanich 54165 Willis St South Bend, IN. 46637 Tax Key # 002 1105 530301 Edison Plaza LLC 704 Peashway South Send, IN. 46617 Tax Key # 024 1003 0571 Susan & Edward Mcgee 21 Nassau Rd Montclair, NJ. 07043 Tax Key # 024 1008 061725 Richard Ferguson 5843 Bravo Ct Southfield, MI. 48034 Tax Key # 024 1008 061722 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5297 James & Victoria Waclawik Sr 2153 Spaulding Ave Dundee, 1L. 60118 Tax Key # 024 1008 061719 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 529802 Edward Gibbons 740 Big Sky Trail Cary, IL. 60013 Tax Key # 024 1008 061731 Mark & Jill Tabit 1408 N Ivy Rd Unit D-6 South Bend, IN. 46637 Tax Key # 024 1008 061730 Franklin E Eck ~ ~~ 4640 Trueman Blvd Hillard, OH. 43026 Tax Key # 024 1008 061724 Aimco Turtle Creek 1710 Turtle Creek Dr South Bend, IN. 46635 Tax Key # 024 1003 0565 John Burke III 7978 Camino Tranquilo San Diego, CA. 92122 Tax Key # 024 1008 061717 Leo Doyle 230 Cordelia St SW Canton, OH. 44720 Tax Key # 024 1008 061732 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5300 Michael & Donna Gates 1408 N Ivy Rd Unit D2 South Bend, 1N. 46637 Tax Key # 024 1008 061726 Ambrose A Cronin II1 PO Box 2720 Portland, OR. 97208 Tax Key # 024 1008 061729 Kevin & Deborah Hardy 10447 Bloomfield St Hollywood, CA. 91602 Tax Key # 024 1008 061723 Mark & Jill Tabit University of Notre Dame Du Lac David Mester 1152 Charm Acres PI 836 Grace Hall 10 Grand St Pacific Palisades, CA. 90272 Notre Dame, IN. 46556 Hartford, CT. 06106 Tax Key # 024.1008 061720 Tax Key # 002 1105 5299 Tax Key # 024 1008 061715 Aimco Turtle Creek University of Notre Dame Du Lac University of Notre Dame Du Lac Wacker Dr. Ste. 2600 836 Grace Hall 836 Grace Hall Chicago, IL. 60606 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 024 1003 0568 Tax Key # 002 1105 529801 Tax Key # 002 1105 5283 Jamison Inn LLC 1404 N Ivy Rd South Bend, IN. 46637 Tax Key # 024 1008 066825 University of Notre Dame Du Lac 415 Main Building Notre Dame, IN. 46556 Tax Key # 002 1105 5284 Aimco Turtle Creek 1710 Turtle Creek South Bend, IN. 46635 Tax Key # 024 1003 0565 Jamison Inn 1404 N Ivy Rd South Bend, IN. 46637 Tax Key # 024 1008 066824 Richard & Elizabeth Elmore 18 Meadow Dr Harbor Township, NJ 08234 Tax Key # 024 1008 061506 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5291 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 024 1008 061516 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 024 1008 061505 Robert F Kearns 1404 fvy Rd Unit 4 South Bend, IN. 46637 Tax Key # 024 1008 061504 Research Development & Assesment 2905 Teton Pines Dr. Wilson,WY. 83014 Tax Key # 024 1008 061503 University of Notre Dame Du Lac 836 Grace Haft Notre Dame, IN. 46556 Tax Key # 002 1105 5287 University of Notre Dame 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5293 John Rappelli 704 Peashway South Bend, IN. 46617 Tax Key # 024 1105 5292 James & Jennifer Smith 1404 N Ivy Rd. Unit 7 South Bend, IN. 46637 Tax Key # 024 1008 061507 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 024 1008 061513 Robert Kearns 1404 Ivy Rd Unit 4 South Bend, IN. 46637 Tax Key # 024 1008 061512 Research Development Assessment 2905 Teton Pines Dr Wilson, WY. 83014 Tax Key # 024 1008 061511 Richard & Elizabeth Elmore 1404 Ivy Rd Unit 6 South Bend, IN. 46637 Tax Key # 024 1008 061 514 John Rappelli 704 Peashway South Bend, IN. 46617 Tax Key # 024 1105 5294 Jamison Inn Partnership 1404 Ivy Road South Bend, IN. 46637 Tax Key # 024 1008 061508 James & Jennifer Smith 1404 N Ivy Rd Unit 7 South Bend, IN. 46637 Tax Key # 024 1008 061515 University of Notre Dame Du Lac 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5289 Franklin Adamek 54866 Ivy Rd. South Bend, IN. 46637 Tax Key # 002 1105 5290 Mary Ann Plakas & Leonidas Plakas 2550 Radford St NW Canton, OH. 44720 Tax Key # 0241008 061502 Mary. Ann & Leonidas Plakas Margaret & Daniel Lee ~ Daniel & Margaret Lee 2550 Radford St NW 4956 Borchers Beach Rd. 4956 Borchers Beach Rd Canton, OH. 44720 Waunakee, WI. 53597 Waunakee, WI. 53597. Tax Key # 024 1008 061510 Tax Key # 024 1008 061501. Tax Key # 024 1008 061509 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 836 Grace Hall 836 Grace Hall 836 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1105 5288 Tax Key # 002 1105 5281 Tax Key # 002 1105 5285 John McCarty & Carlton McCarty Jr Charles & Joyla Rhodes 1501 Oakdale Dr 54812 Twyckenham South Bend, IN. 46614 South Bend,IN. 46637 Tax Key # 002 1 105 5286 Tax Key # 002 1105 5282 ~i'~c-i~ ~~ ~}~t"~.'~ ~~~6~~ DEC - 1 %vU`~ ,~~.~. lEOK DESCPIprRY, Raaw,a PNICl1 ' PARE OF THE 60UM[AST OWRIEA OF lFCTgN JI, TbWNSHIP ]b NORM, PANOE ]EAST, cT' SOUM BFHO POlRKE TOWNSHIP. Bi. JOHVN GOUNIY NOPE PAITCVURLY OESCPIOED A51 BEOINNINO AT THE N°RMGl97 . M ~ FA O F Lm NUURER B OF ME RECOPOEp PUT 6 THE TOWN 0I H CE M THE PEL°POER SC / HROEDERSYILIR PF.COROfD JULY 18. 68] N, THE OFi1 OF ST. JOSEPH COUMY, WOVNA k MT BOgI 4 PAGE J0; TNelCE ALONO TO YOgE DR I65 80100 SEES L ' ' E / . . OPbe Oe , THE FAST LINfi OF SNO PLAT A PJIM AT THE 4(Il1rHU3{ CORNER OF lOT MIMBER T 0I !NO PUi ,THENCE N~Po~M ON iNL f STDP 011 Oi WAY1Ua 0~ ~ ROAO:~T~ PE °p IFSS M / O . EHCE COMINVWO AlONO BAIO EAST RICm-aF-WAV IkIE FOR THE NEM iW0 IND ALONO A S ' ' / . W. PT.00 iF£T HOPE OR LES 10 [21 COUR8E5. N. 1P6] PVE TO THE IFiT NANNO A RNM1D OF 28).00 ,EET, MORE OR LESS, IMO HANNO AN ARC DATMCE Of 13100 FER, PONE OR LAS TO ME ENO OF A BEYNNO N. ]]v,'61' W. D ,YNWO A OBi .L m IJI.TO FEET, POPE OR tE54 M A PoVR ON (NE NORM lDR K lm NVUOFA 10 m 5AR1 ~n ENCE K RYm'Dl' [., 1RB.U F[Ii. 10 1ME PdM a BEWNNIN4 ^V / COMKNH,O 0.0) KRp WOPC OR 1E59 ~/ sUeJEm i0 ALL LECK NWHWAYI GSFJ,CHID IRO PESiPICIION! W RELORO. /^I ~~' \ ~" ----F+-~---- ` / / ~/ V !!! • / PRELIMINARY SITE PLAN A PART OF THE SOUTHEAST QUARTER OF SECTION 31, T.38N., R.3E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Lm 10 ~ (L t]C~1%~` LOT 2) ~/ _ G . hJ`J~1 Gj~t~ 0 ~. + imm' moray r ~ ~G~ . _..,_ ~ oP6 Y R'IIDYL Eu[oRO) dM Aft L°r ^\ - - `\~ q. LPL y LOi 2Y [ ~L\ .~ ~. J /J( ~~'J lm 00 w!)•• 2~1 uwm 6 Poi WANI 9ES41GBf O D R. FPOM-YMO ![iBY.N l8+[ O ID R. 81OE PCSWEHOY. RDFG-YARD Qc 16 R. Rvn RfSpENRK BI/flOl-rnnD !B '° a~~ I i 'w'" 1 \ i /"1 U\ 1 D~ ~3 1 ~~ ~~ t Q' --, x I ~~ 1 I I I ~ ~ Na it U~ I I I Jim) b) 111TK PAI,NINO SPK[3 ASPNKT ............ .IO.1........ ........................ ... m.ao' Lm b PARCEL 1 0.97 ACRESt ' ] 0 OqY P, n 0. R. ulYl MO PETA6 SPKC LOi ) 11' WDl[ NBUO KILT ! I[CE!! °RMWAY [oxd x MRmnvy Lm 0 I~WDh 9 vAVM4HCC Is REauR D TD AuoW PMIUN RO RIE REM RESIOEMNL BUETERlMO KOW iHC SHOWN EAn PROPEHIY I1N[. L RKIV N~LNO HOR !1 -uurED °nrA rn U, KREAGE .............................................. 0. 9) KRESi 21. PARKING REaLLIRED BY ORD[NANLE• R ILTl UOE ~i A), %R ER L S A 05 1.000 34 . ACES PE S 3 S NUMBER PP[ ,RED FOR 9. BBOSS4 3S SPKES NUMBER OP SPACES PPOVIDES ............. ~T...... RESIDENTIK VSES PER 'MU' HI%Ep USE D[STRICTI e). PER 9NELLIN4 UNiT E SPACES SPACES PEOUI0.E- FBR 10 ONWLINGS..... 20 SPACES NUMBER K 22 SPACES NUNeER ff SPACES PROVIDER ........ ........... 3). PPOPoSED LPN- [OVERAGG SO.00 Y 23 T1IE BUILDINGS. INS 99 V. OPENI SPACE i.~. 19,Ofi3 31 63 2S] 106 00 mK 12 ~ Y Sa,Wp y_Y ~QJ ~ a ~t~ . i IJ, NILDING VSES S0.-FS B~LBL-R BBO S ... . 9 VSES , .. ..... ~..... . Al. PETAIL oX !). RESIDENTIAL DYELLING IMITS 2n0 FLWR .. 9. BBa ________ ___ I-IBL-19.250-1aD8 S~ AND 5). ~ E / I O P% S STMOAgp KL REOUIflE0 P0A SHPLL NEET RANLES OPOSE- CHT 6). KENCN0.0RPINRGEISYSTENSPER THEHLATEST CITT ~INSTALLAL1011 Df A SWiH BEND DRAINAGE STAN-MDS )l, THE BUILDINGS ME TO BE CONNECTED TO CITY YATER AND SEYADE FKILITIES B>. All OR~DIVEYAYL SNK1 MEET THE LPTEST CITY OP SWTN DEND STREET 9). STM-IPIt-NSGORlAH- ASE~P ~ Ed TEST CITY OF SWTN SEND ZRRN6 Ira DEN-RI-NINGBSiANOAROSO-R/M- 0.S APPADVE6 EST LIiY OF SOUTH ' 0 20 I 40 80 SCALE 1~ ~ 20' ! nrmv m wfiv~,l4 D.N41~ _ .~:'ii"~8.. P.O.B. ~~ r~s ~/ ~ W ASPNKT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTI3 BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned LB Local Business District. The zoning is currently zoned commercial. The request is for is to be changed to SF2 Single Family and Two family District for use as residential. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the. following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 1439 &'h vacated alley Summit Place 5~' Addition be and the same is hereby established as "SF2" Single Family & Two Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Counc' Attest: City Clerk a~ ~'~ .-y LL ~ ~ i ' ' ~ S ~~ r:.~{u Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the o'clock . m. day of Mayor, City of South Bend, Indiana 1 st REr~D':P1G 3 rd REw4CiPIG NOT I-,Pt'ROVEa REFERRED pA55ED 2 , at ~11~~ ,~C'-,x,41 VCG ~~ .rJ,1N. Date Filed 12-2-08 Applications No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3013 W. Sample Street South Bend, Indiana 46619 2) Name and address of property owner(s) of the petition site: Juan Carlos Mendiola 601 S. Meade Street South Bend, Indiana 46619 574.302.9766 3) Name and address of contingent purchaser(s), if applicable: None 4) It is desired and requested that this property be rezoned from LB Local Business District to SF2 Single FamilXand Two Family District 5) This rezoning is requested to allow the following use(s): Single Family Dwelling 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition properly; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. PETITION PREPARED BY: Juan Carlos Mendiola 601 S. Meade Street South Bend, Indiana 46619 574.302.9766 ~I~a~ ~Fl ~~tL'l`~'~ ~~~~lav arc - 2 2oa~ ~~;~t~ ~~Q4r~e~ Ct'f'Y CLCi3K,'u'G'. RG.t~Q_~! •ceis C ounty Parcels Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT 0 18-4050- 1 1 852 GARRISON THERESA 8 21 S CAMDEN ST SOUTH BEND IN 46619 0 18-4052- EITLER PAUL W AND 2 1 925 BERNICE 821 DUNDEE SOUTH BEND IN 46619 018-4050- 3 1851 COLE LETICIA M 53047 ARNOLD ST SOUTH BEND IN 46637-4545 D18-4050- 4 1853 RAVIS PALO 822 CAMDEN SOUTH BEND IN 46619 018-4050- KURZHAL THOMAS D & 5 1867 KATHY J 837 S CAMDEN ST SOUTH BEND IN 46619 018-4050- 6 1866 CASTRO FIDEL 842 DUNDEE ST SOUTH BEND IN 46619 -- 018-4050- 7 1868 LITKA CLEM H & LOTTIE B 842 S CAMDEN ST SOUTH SEND 1N 46619 018-4052- SHULAJOSEPH E% 8 1930 KONSAVICH MICHAEL'PR 1652 N SHERIDAN SOUTH BEND IN 46628 018-8075- SHAPIRO PROPERTIES 9 282404 INDIANA LLC 601 E RED BUD SAINT LOUIS MO 63147 D18-8075- SHAPIRO PROPERTIES 10 282401 INDIANA LLC 6D1 E RED BUD SAINT LOUIS MO 63147 018-8075- CONTECH CONSTRUCTION 9025 CENTRE POINTE 11 2820 PRODUCTS INC DR STE 400 WEST CHESTER OH 45069 D16-4107- EDDY FLOYD L & CAROL 3105 WEST SAMPLE 12 395901 SUE EDDY ST SOUTH BEND IN 46619 018-4052- 13 1931 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 D18-4052- }4 }932 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 p 018-4052- 15 1933 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 018-4050- SHULA JOSEPH E % LOWE 16 187001 GRAY STEELE R DARK PO BOX 773 SMITHVILLE TN 37166 D18-4050- ,~ ,o-„ rni cnn *ner_nn~ Fntn ~M'i W SAMPLE ST SOUTH BEND IN 46619 018-4050- SZKLAREK STANLEY S AND 1 8 1872 CATHIE L 22377 MADISON RD SOUTH BEND IN 46614 018-4050- 1 9 1875 DAVIS JEANNETTE PO BOX 3002 SOUTH BEND IN 46619 0 20 1 18-4050- 876 H OLMES THOMAS MICHAEL 2 921 W SAMPLE ST S OUTH BEND IN 46619 0 18-4050- O LEJNICZAK MARTHA G & 21 1 877 D ELPHINE RICHARDSO 7 03 ST JOSEPH ST DE PERE WI 54115 016-4050- K URZHAL THOMAS D & 22 1 864 K ATHY J 837 S CAMDEN 5T SOUTH BEND IN 46619 ~ 018-4050- 23 1865 L ITKA CLEM H & LOTTIE B 842 S CAMDEN ST SOUTH BEND IN 46619 018-4052- 24 1929 B EELAERT KAREN A 837 DUNDEE SOUTH BEND IN 46619 018-4050- 25 1863 CASTRO FIDEL 842 DUNDEE ST SOUTH BEND IN 46619 018-4052- RICHMOND JOHN AND 26 1928 MAMIE 833 S DUNDEE ST SOUTH BEND IN 46619 018-4050- 27 1860 VANOOTEGHEM A AND ANN 834 S DUNDEE SOUTH BEND IN 46619 018-4050- KURZHAL THOMAS D & 28 1861 KATHY J 833 S CAMDEN ST SOUTH BEND IN 46619 018-4050- 29 1862 HOLMES RICK 834 S CAMDEN ST SOUTH BEND IN 46619 018-4052- 30 1927 IBARRA-DIAZ JESUS 416 WELLINGTON SOUTH BEND IN 46619 018-4050- 31 1857 ANDERSON CHERYL 830 DUNDEE ST SOUTH BEND IN 46619 018-4050- 16380 FAIRFIELD 32 1858 CHACON OSCAR A LANE GRANGER IN 46530 018-4050- 33 1859 REED BEVERLY J 830 CAMDEN ST SOUTH BEND IN 46619 018-4050- 34 1855 FALK DANIEL R MISC 825 S. CAMDEN ST. SOUTH BEND IN 46619 018-4050- ' 35 1856 PIETRUCHA WILLIAM L 826 S CAMDEN SOUTH BEND IN 46619 018-4050- 36 1854 KUBIAK DONNA J 826 S DUNDEE SOUTH BEND IN 46619 018-4052- NTA PROPERTY 37 1926 MANAGEMENT LLC 201 CONROY RD STERRETT AL 35147 018-4052- OSOWSKI THEOPHIL J AND 3 8 1924 ELIZABETH L 817 S DUNDEE SOUTH BEND IN 46619 018-4050- 818 SOUTH DUNDEE 3 9 1846 ADETONA EMMANUEL ST SOUTH BEND IN 46619 ~ 018-4050- 4 0 1849 ORTIZ ESMERALDA 817 S CAMDEN ST SOUTH BEND IN 46619 t7 EC - 2 2008 ~o~~F~ v>ao~a>= CITY CL~~;K, ~Q. 6~?~D, itd. ~~. c .~. ~%a~' ~~ ,~,~ ~~,~ .o, ~~ .~, ~tm .d, .,N \\ ,' £ ~ ~ ~ ~ ~7 ,~ _--y---•~- ~ ~-~ r r. ~~~ ,,~ p n lj LC - L11:1~~ .,..,,.~ ~t ~iFd `~()~RD~ COUNTY-CITi BUILDING 227 W. JEFFERSON BLVD. SouTx BEND, INDIANA 46601-1830 PxoNE 574/ 235-9216 Fwx 574/235-9928 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANEI.LO CONTROi 1 FR December 3, 2008 ~ L ~,~ ~ ~' l~ ~ ~~~ Mr. Timothy A. Rouse President, South Bend Common Council 4`'' Floor, County-City Building South Bend, IN 46601 Re: Ordinance for Additional Appropriations -Funds 611 and 640 Dear President Rouse: Additional funds are needed for expenditures in budget year 2008 consisting of Five Hundred Dollars ($500) for the Solid Waste Capital Fund No. 611 and the sum of Seventy-Five Thousand Dollars ($75,000) for Sewer Insurance Fund No. 640. Both of these are Enterprise funds. Because the Council is not meeting again in December 2008, we are requesting the Council make its approval of this ordinance retroactive to December 31, 2008. I will present this ordinance to the Council at its Personnel and Finance Committee meeting and at its regular business meeting. Thank you for your consideration. ' c ly, , therine Fane o Con roller JANICE L. HALL - JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECI~IOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $500.00 FROM SOLID WASTE CAPITAL FUND NO. 611, AND AN ADDITIONAL $75,000 FROM SEWER INSURANCE FUND N0.640 STATEMENT OF PURPOSE AND INTENT Additional funds are needed for expenses in budget year 2008 consisting of $500.00 for the Solid Waste Capital Fund No. 611, and an additional $75,000 from Sewer Insurance Fund No. 640. These additional monies were not anticipated at the time the City passed the 2008 City Budget in 2007 (Ordinance No. 9787-07). NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The additional sum of $500.00 is appropriated in fiscal year 2008 and set aside within Solid Waste Capital Fund No. 611 for expenses. Section II. The additional sum of $75,000 is appropriated in fiscal year 2008 and set aside within Sewer Insurance Fund No. 640 for expenses. Section III. After its passage by the Common Council and approval by the Mayor, this ordinance shall be effective as of and retroactive to December 31, 2008. Member of the Common Council Attest: >,,,.~; City Clerk ~£~uziYi ~~<ari: ~~ t~;:~ ~ s~:~. Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2007, at o'clock _ . m. City Clerk Approved and signed by me on the day of o'clock _ . m. 2007, at Mayor, City of South Bend, Indiana FUCLIC I-ici~REi`~?G . 3 r~ ?E,"-,~IPsJ i~Di A~FP~CS`JEr~ t? ~=1'E;? ~Es~ 7 ~., ;~Ep fit€~~ tit ~1~~°~~'~ Qi~F~~ DEC - 3 2008 J(1RN ~0 A~EE D, tt~. CITY CLEi~sK, COUNTY-CRY BUII.DING 227 W JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9216 Fax 574/235-9928 TDD 5741235-5567 CITY OF SOLI'rH BEND STEPHEN J. LUECxE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER sW.4~ ~~ t ~`~~ December 3, 2408 Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Approving Repayment Schedule for Major Moves Fund Loan on Douglas Road Expansion Project Dear President Rouse: The sum of One Million Dollars ($1,000,000) was appropriated in 2007 through Ordinance No. 9801-07, clarified by Ordinance No. 9851-08. This appropriation was for the purpose of improving and expanding Douglas. Road west of its intersection of State Road 23 to the Mishawaka city limits. The enclosed ordinance approves a schedule for repayment of the Major Moves loan. At this time, we are in the process of revising a preliminary amortization schedule. However, due to the filing deadline, the final version of the amortization schedule cannot be attached. Once we have finalized the terms of repayment, we will provide this to the Council as an exhibit to the ordinance, and a substitute version of the ordinance will be filed providing the missing information. I will present this ordinance to the Council at its Personnel and Finance Committee meeting and at its regular business meeting. Thank you for your consideration. ' t~e'rel ._ . Catherine Fanello Controller JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATIONTECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMORTIZED REPAYMENT SCHEDULE OUT OF TAX INCREMENT FINANCE (TIF) FUNDS OF THE LOAN FROM MAJOR MOVES FUND (#412} FOR THE DOUGLAS ROAD EXPANSION PROJECT STATEMENT OF PURPOSE AND INTENT - 111 2007 the sum of One Million Dollars ($1,000,000) was appropriated through Ordinance No. 9801-07 for the purpose of improving and expanding Douglas Road just west of its intersection with State Road 23 to the Mishawaka City Limits (the "Project"). A corrective (Ordinance # 9851-08) was passed on June 23, 2008 to clarify that the appropriation was from Major Moves Fund (#412) and not from Motor Vehicle Highway Fund (#202). The original appropriation provided that Tax Incremental Financing (TIF) revenues from the Douglas Road Project TIF Area would be sufficient to repay the City for its loan from Major Moves Fund (#412). This Ordinance approves the repayment of the Major Moves appropriation. Semi-annual payments of Dollars ($_)~will commence on with the final payment due NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The repayment of the Major Moves appropriation is hereby approved. This Schedule provides for repayment of the loan of One Million Dollars ($1,000,000) for the Douglas Road Project out of TIF Project revenues at percent (°Io) interest. Semi- annual payments of Dollars ($~ will commence on with the final payment due 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. Attest: Member of the Common Council ~' City Clerk -~- ~ _ - t'f~i t.: use ,.,..• <<. 1_. ... ;l:~:i: Ci w' f - 5 'a Presented by me to the Mayor of the City of South Bend, Indiana, on the 200`, at o' clock ~ . m. City Clerk Approved and signed by me on the day of o'clock . m. day of 200_, at Mayor, City of South Bend, Indiana T st ~~~ctrE~ 12 ~S~S" 3 r~~ are'\~~i~;G f ~FEF.CE~ PASSED DEC - 3 2008 dONE~i VQ4xQE CITY t;[.E~iii~ SE). $$,4(~, R!~`,