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HomeMy WebLinkAbout11-23-15 Agenda, Packet & Committee Meeting Notice O F•F tl eU w PEACE C5 = _ V1 9„..9.,_ az r w -.#..,.., 1865 OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK November 19, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, November 23, 2015 at the Council Informal Meeting Room, 4th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15-101-Designating Tax Abatement-635 S. Lafayette Blvd— RDistrict One, LLC— 10 Real Property 3:40 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 50-15—Annexation & Rezoning—52933 Shellbark Ave. 2. Bill No. 15-100—Fiscal Plan for Shellbark Annexation. 3. Bill No. 69-15—Amend Chapter 21 of the SBMC to Include new Service Charges in Connection with the Development Plan Application Process 4. Bill No. 70-15—Amend Chapter 21 of the SBMC to Adopt the most Recent Federal and State Requirements on Floodplains 4:00 P.M. UTILITIES DAVID VARNER, CHAIRPERSON 1. Bill No. 71-15—Refunding of Outstanding Sewage Works Revenue Bond of 2006, 2007 and 2007B 2. Bill No. 68-15—Amend Chapters 6, 17, & 18 of the SBMC to include New Rules, Regulations, and Service Charges for Various permits and Review in Connection with Storm Water Control and Construction in the R-O-W 3. Bill No. 25-15—Amend Chapter 16 of the SBMC regarding to Provide Yard Waste Removal Solely from City Furnished Containers 4. Bill No. 40-15—Amend Chapter 17 of the SBMC Updating Section 17-14 Addressing Drain And Downspouts Disconnection Requirements 4:45 P.M. HEALTH &PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Bill No. 15-103—Encourage the City to Develop a"Mow to Own" Program 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendlN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 4:55 P.M. INFORMATION &TECHNOLOGY GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15-102— Encourage the City to Study the Feasibility of Implementing a Local Public Polling System 2. Technology Updates for Processing Ordinance Violation Citations 5:15 P.M. PARC COMMITTEE FRED FERLIC, CHAIRPERSON 1. Update on Public/Private Park Endeavors Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the PARC Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 23, 2015 7 : 00 P.M. 1. INVOCATION 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 15-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, PUBLICLY HONORING THE MICHIANA JUNIOR PEE WEE BULLDOG FOOTBALL TEAM OF THE POP WARNER LITTLE SCHOLARS, INC. FOR WINNING THE NIPWLS STATE CHAMPIONSHIP 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 50-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, FOR THE WEST PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND, INDIANA 25-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 40-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 68-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17, AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS, AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY 69-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 5 ADDRESSING ENGINEERING SERVICE CHARGES TIN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS 70-15 PUBLIC HEARING ON A BILL INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ZONING OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY REPEALING AND REPLACING ARTICLE 12 FLOODPLAIN REGULATIONS, IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 71-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007, AND SEWAGE WORKS REVENUE BONDS OF 2007B, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28, 000, 000) ; APPROPRIATING MONIES FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 8 . BILLS, THIRD READING TIME: BILL NO. 25-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 40-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 68-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17, AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS, AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY 69-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 5 ADDRESSING ENGINEERING SERVICE CHARGES TIN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS 70-15 THIRD READING ON A BILL INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ZONING OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY REPEALING AND REPLACING ARTICLE 12 FLOODPLAIN REGULATIONS, IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 71-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007, AND SEWAGE WORKS REVENUE BONDS OF 2007B, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28, 000, 000) ; APPROPRIATING MONIES FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 9 . RESOLUTIONS BILL NO. 15-100 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, SHELLBARK ANNEXATION AREA 15-101 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 635 S. LAFAYETTE BLVD, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR RDistrict ONE, LLC 15-102 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, ENCOURAGING THE CITY TO DEVELOP A MOW TO OWN PROGRAM 15-103 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, ENCOURAGING THE CITY TO STUDY THE FEASIBILITY OF IMPLEMENTING A LOCAL PUBLIC POLLING SYSTEM 10 . BILLS, FIRST READING BILL NO. 73-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2- 213 OF CHAPTER 2 ADDRESSING A SCHEDULE OF ORDINANCE AND CODE VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 74-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE ADDITION OF NEW SECTION 2- 125 . 2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS 75-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 76-15 FIRST 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 2015 OF $233, 296 FROM COUNTY OPTION INCOME TAX FUND (#404) AND $87, 500 FROM LOCAL ROAD & STREETS FUND (#251) 77-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $10 , 000 FROM MPAC CAPITAL IMPROVEMENT FUND (#416) , $4 , 000 FROM CUSTOMER DEPOSIT FUND (#624) , $750 FROM WATERWORKS SINKING FUND (#625) , $5, 500 FROM WATERWORKS DEBT RESERVE 0 & M FUND (#629) , $1, 887, 938 FROM SEWAGE 0 & M FUND (#641) , $6, 160 FROM SEWAGE WORKS O&M RESERVE FUND (#643) , $2, 827 FROM SEWAGE WORKS SINKING FUND (#649) AND $3 FROM 2007B SEWER BOND FUND (#651) 78-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-10 (d) (2) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PLUMBING EXCAVATOR FEES CHARGED BY THE BUILDING DEPARTMENT 79-15 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ARNOLD STREET FROM DONALD STREET TO THE FIRST EAST/WEST ALLEY FRO A DISTANCE OF 455 . 95 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF EWING AVENUE 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1 . BILL NO. 65-15 - REZONING AT 1637 & 1641 PORTAGE AVENUE 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,October 21,2015 p� //�� The Honorable Council of the City of South Bend 6-, it, /00,` c`-' - ( ,1 4th Floor,County-City Building South Bend,IN 46601 RE: A proposed ordinance of Beacon Health System,Inc.to zone from R: Single Family District(County)to CB Community Business District(City),property located at the west 80.58 feet of 52933 Shellbark Avenue,City of South Bend-APC#2758-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Beacon Health System,Inc. was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20, 2015 took the following action: Upon a motion by John DeLee, being seconded by John McNamara and unanimously carried,a proposed ordinance of Beacon Health System, Inc.to zone from R: Single Family District(County)to CB Community Business District(City),property located at the west 80.58 feet of 52933 Shellbark Avenue,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site to CB Community Business District will allow it to be included in the larger overall development of the medical complex at the northeast corner of Lynnewood and Cleveland. Including this parcel will provide additional area for sufficient retention to make it a viable site and further develop this commercial node. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, P 1`33 Lawrence P.Magliozzi Attachment CC: Beacon Health System, Inc. Danch,Harner&Associates SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.STIOSEPHCO UNTYINDIANA.COM/AREAPLAN Staff Report 10/7/2015 APC # 2758-15 Owner: Beacon Health System, Inc. Location: the west 80.58 feet of 52933 Shellbark Avenue Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from R: Single Family District in unincorporated St.Joseph County to CB Community Business District in the City of South Bend. Land Uses and Zoning: On site: On site is vacant land. North: To the north is a single family home zoned R: Single Family District in unincorporated St. Joseph County East: To the east, and on the same parcel, is a single family home zoned R: Single Family District in unincorporated St. Joseph County South: To the south is a development site for a medical complex zoned CB Community Business District in the City of South Bend. West: To the west is a development site for a medical complex zoned CB Community Business District in the City of South Bend. District Uses and Development Standards: The CB-Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: This is a 0.17 acre lot designed to be used for stormwater retention for part of a larger development site currently zoned CB Community Business District in the City of South Bend. Type B: Partial screening is required between this property and the residential properties to the north and east. Zoning and Land Use History And Trends: This site will be adjacent and accessory to a site to the southwest which was rezoned to 0 Office District in 1990,then to CB Community Business District in 2008. Traffic and Transportation Considerations: Lynnewood Avenue and Shellbark Street have two lanes. Cleveland Road has four lanes and a raised median. APC # 2758-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: Since the site will be used for retention only, it will not be utilizing any water or sanitary systems. The larger development site will be served by municipal water and sewer. Agency Comments: County Surveyor,County Engineer, and County Health Department recommend approval. City Engineer recommends approval, subject to a final drainage plan. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy PF 7.1.1: Support the provision of services that effectively meet the changing healthcare needs of residents. Land Use Plan: The Future Land Use Map identifies this area as commercial (office&retail). Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area north of Cleveland Road between Portage Road and Riverside Drive have seen a gradual transition to commercial uses beginning in the late 1980's. Since that time, several properties with access to Cleveland have zoned to various forms of commercial districts. In the immediate proximity of this site,a funeral home and beauty salon have developed. This site will be adjacent and accessory to a site to the southwest which was rezoned to 0 Office District in 1990,then to CB Community Business District in 2008. 3. Most Desirable Use: The most desirable use is one that supports commercial growth while limiting any negative impact on surrounding residential properties. 4. Conservation of Property Values: Due to the low-impact nature of a retention basin,surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow the adjacent medical complex to utilize this property for a drainage basin. Staff Comments: The staff has no additional comments. APC # 2758-15 Page 2 of 3 Ntaff Report 10/7/2015 Recommendation; Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation.', Analysis` Rezoning this site to CB Community Business District will allow it to be included in the larger overall development of the medical complex at the northeast corner of Lynnwood and Cleveland. Including this parcel will provide additional area for sufficient retention to make it a viable site and further develop this commercial node. APC# 2758-15 Page 3 of 3 �� 4}� _ :.. r. F 1tw,gyp y• .. v y - '5->r• - i' ..� ` ' Fy tin : y ,.; A dL ;t '.' '. n r ► p. k R ( ;F x a r _• O ' . LT�.FS'. x .s. ._ p," :orrA , .. . . ..., 5. ,..,w a... _. 2,, . . , ..gr — ti is C.y - i .. t�.• ,, L .-. , i - rt r l' SOUTH BEND is I F fJ _ ... 1 _ -- -.icY 5Cvy 1 l-• .+- s?1 0 Clev elan d >,....., t •> + ,. rs t' J3. i S„-i .!"'^ �_yy.• q�cr,w y A b,7 YAK 7.c:rr.5►' .':. 'S i, '�- ;?:-ra- _ -_ w •...',....,,X.,:::s 'a?' ♦{.F'.,;..--1.'., rF'S ar`si„ •,t . Wit.•.1:4 _ :,X' A'.W-;—'1'!!.., :e' v .h' 1} : ie2' 1.1 r.r 0 h,y^° " ,c ' '^'• •�'t" -''.r► ,7:' 'iSM`1 • '!£'`s �4 •I - - - -- - 1 :`1 .,f..: ‘, .si ..f:�..:i.^k1;t %:ti yr's3 _K,F✓rw ri. gz-a ++1: i.-r..-4 - — —. — ..•7,-- .X'•80 �=-: ,-- --' yw 9R9gfR�a! r�,° �.yL3 'i � c:..!" '1 � ;9=5C4-.M:41-.T.'''...1 f::" Y r,' {•-+'t• . X1,1 � ,_. sill,..z.:9�T._ 3ar :. _i..;:.Tv-."«.��`` Y'� !_'.),-,.�TM -,— 1:' -••. \ u+,.,,.i�..^^F r;.i- ' -h _ \ ,i +, rtrrtt„ n .�'• 5� 'T'Y N� "a• ... .Z:v•- `ice ri'-�- ,.�'f 1 00 .. v.• .s ..�N1rrs�4.:, w�.c4��% +r=h.i.:-<_�c..-..-.-.s.-..aid . . • -:.:-._-.+.w te� -�'=_ :.�1_ Y -�N4- -ti-Y3• - •7.:-,.,.., VW! ^ �&TL 4.:4••• ,9aaM:+ wvr � ~�� -. •fbY�` .�cn y."rw'T�.;r C *, l wl.NyuC .y. _''WC, " y ' A 'i . :.%r : �yL- i + � i,:;.,.-0i,L-Li_i.,...ez. _A.,.1 ._� i s.:-�a3aL_ -._ , .: ,..—.- Rezoning from: "R" SINGLE FAMILY DISTRICT ST. JOSEPH COUNTY to "CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND Al MASTER ZONING KEY < ., COUNTY•'R°SINGLE FAM ILY DISTRICT AO COUNTY•'09'OFFICE/BUFFER DISTRICT s 1 inch = '150 feet COUNTY "B"BUSINESS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT APC # 2758-15 5 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT# 1, FOR THE WEST PORTION OF 52933 SHELLBARK AVENUE, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and zoning of 0.17 acres more or less located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot# 89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana SECTION III. Ordinance No. 9495-04, as 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 above described real estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB Community Business District, provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. 2 SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor,and legal publication MEMBER OF THE COMMON COUNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor, City of South Bend, Indiana Filed in ClArk's Office t! READING c�—I,`�—lJ �,,��� -••..�� 9b15 1 PUBLIC HEARING 3rd READING Jcti';'t 7:—:"; ^" NOT APPROVED j' CM'CLERk,t3ua 1"t oeta) IN REFERRED �-'0- 1-1 ^°— PASSED Po- Substitute Bill No. 25-15 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS STATEMENT OF PURPOSE AND INTENT For reasons of environmental stewardship and heightened state and federal regulation, the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that time, the City introduced voluntary use of 96 gallon yard waste containers furnished by the City as a receptacle for yard waste materials to be removed by the City The City Division of Organic Waste(the Division)has been reviewing the costs associated with yard waste removal, particularly the cost difference between removal from City furnished containers and removal from paper bags or non-bagged bundles. The Division has determined that it is not economically feasible for the City to continue removing yard waste during regular weekly pick up which is not contained within City-issued yard waste containers. This ordinance limits the City's regular removal of yard waste materials to those which are placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars ($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April through November. The provisions of this ordinance will take effect in calendar year 2016, and those residents who were not previously issued such containers shall have until February 1, 2016 to request a container. As of April 1, 2016, no yard waste shall be removed from property during regular City yard waste pick-up and removal which is not contained within a City yard waste container. However, paper or biodegradable bags may be used for special pick up scheduled by the owner, occupant or lessee of any single or multifamily dwelling. To effectuate this change in practice it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16-8 (1) and (g) and at Article 4, Section 16-28. A new subpart 16-8 (h) is being added to codify special yard waste pick up rates on a per month basis. This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16-8(f) of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-8. Use of City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers; paper or other biodegradable bags. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility provided it is placed in containers leased from the City. Each owner, occupant or lessee of any single or, multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of April 1, 2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City, or may be placed for special pick up only, in paper or other biodegradable bags. es in other containers cithcr furnishcd by the owner, occupant or lessee, or 1 ascd from thc City, or n ally deposited in thc tree lawn, and - -_ - . . . - •. Additionally, special pick up may be scheduled for any Ttree limbs and brush of a diameter of less than four(4)inches which shall be bundled together in lengths of forty-eight (48) inches or less,- or for Ttree limbs and brush in excess of these dimensions or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 2, Section 16-8 (g) shall be and hereby is amended to read in its entirety as follows: (g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must may lease from the City a yard waste container with capacity for either forty-five(45) or ninety fivc six (95 96) gallons of yard waste. The lease rate no matter which size container shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall may be responsible for the replacement of the container at actual cost. Yard waste not placed in containers leased from the City will not be eligible for weekly pick up and will be eligible only for special pick up scheduled by the owner, occupant or lessee of any single or multifamily dwelling. Section III. Chapter 16, Article 2, Section 16-8 shall be and hereby is amended to add a new subpart (h) to read in its entirety as follows: (h) The owner, occupant or lessee of any single or multifamily dwelling who desires special pick up of yard waste shall schedule such pick up with the City's Organic Resource Facility through the 311 Call Center subject to the following charges on a per month basis: (1) Up to one (1) cubic yard No charge; (2) Subsequent pick up(s) of up to one half(1/2) cubic yard ... $ 10.00 (3) Each cubic yard or more than one half(1/2) cubic yard thereafter 20.00 (4) Per Truckload (18 cubic yards) 420.00 Section IV. Chapter 16, Article 4, Section 16-28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co-mingled with trash and garbage. Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It shall be delivered either in paper or other biodegradable bags, in a loose condition or in a container furnished by the customer., all up to a maximum weight of thirty five 35 pounds. The 35 pound weight limit shall not apply if yard waste is delivered in a container leased from the City as provided in Section 16 8(g) of this Article; provided, however, that nNo matter how yard waste is delivered, all brush and tree limbs shall be cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful manner. Section V. This Ordinance shall be in full force and effect on January 1, 2016 conditioned upon adoption by the Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of _ _ , 2 , at o'clock . m. Mayor, City of South Bend, Indiana ; b1 19 2015 1st READING PUBLIC HEARING 3rd READING CITY Cn ER:c 3CAI i Nt7 r.r,I69 NOT APPROVED REFERRED ?ASSED November 19, 2015 Mr.Tim Scott President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Substitute Bill No. 25-15 Yard Waste Removal Dear Council President Scott: Attached for filing with the South Bend Common Council is a substitute Bill No. 25-15 which is an ordinance altering the existent process for removing yard waste from City residential property. This substitute ordinance is being offered after discussion with Council members during Committee meetings. The primary difference between the substitute and original Bill No. 25-15 is to include the optional use of paper and biodegradable bags for special pick-up of yard waste scheduled by the property owner, occupant, or lessee.This substitute Bill also includes specific rates for special pick up of yard waste materials. Minor changes include clarification that the large City furnished yard waste container is 96 gallons,not 95 gallons, and provision for a choice between a 96 gallon container and a 45 gallon container,both at the same monthly cost. For your information and ease in identifying changes between the original and substitute ordinances, I am also providing a copy where all changes are highlighted in yellow. We continue to hope the Council will adopt this ordinance in its substitute version in the best interests of the City of South Bend. Sincerely, Eric Horvath Director, South Bend Public Works 6A\ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16,ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS STATEMENT OF PURPOSE AND INTENT For reasons of environmental stewardship and heightened state and federal regulation, the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City as a receptacle for yard waste materials to be removed by the City The City Division of Organic Waste (the Division) has been reviewing the costs associated with yard waste removal, particularly the cost difference between removal from City furnished containers and removal from paper bags or non-bagged bundles. The Division has determined that it is not economically feasible for the City to continue removing yard waste which is not contained within City-issued yard waste containers. This ordinance limits the City's removal of yard waste materials to those which are placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars ($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April through November. The provisions of this ordinance will take effect in calendar year 2016, and those residents who were not previously issued such containers shall have until February 1, 2016 to request a container. As of April 1, 2016, no yard waste shall be removed from property during City yard waste pick-up and removal which is not contained within a City yard waste container. To effectuate this change in practice it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16-8 (0 and (g) and at Article 4, Section 16-28 . This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: Section I. Chapter 16, Article 2, Section 16-8(f)of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-8. Use of City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers . (0 Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of April 1, 2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City. in paper or other segregated from any trash or garbage. However, special pick up may be scheduled for any Ttree limbs and brush of a diameter of less than four (4) inches which shall be bundled together in lengths of forty-eight (48) inches or less,- or for Ttree limbs and brush in excess of these dimensions, or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. may be scheduled special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to • another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section H. Chapter 16, Article 2, Section 16-8 (g) shall be and hereby is amended to read in its entirety as follows: (g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must may lease from the City a yard waste container with capacity for ninety-five (95) gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall may be responsible for the replacement of the container at actual cost. Section III. Chapter 16, Article 4, Section 16-28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co-mingled with trash and garbage. Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It shall be delivered either in paper or other biodegradable bags, in a loose condition or in a container furnished by the customer_, . . . . . howeverr that;No matter how yard waste is delivered, all brush and tree limbs shall be cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. - - - • - -- •-: :- :' :: -: - : • Section IV. This Ordinance shall be in full force and effect on January 1, 2016 conditioned upon adoption by the Council and approval • 4 e T ayo Member, South Bend Common Council Signing oft is ty111 Lsontytoploiale&t1 Attest: o,° srt<.n* for public Wag and Count soil's on hi City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana PrFprk`s Office I Filed in t sr READING S' 2 S° ( � ' 1" :f 20 2015 1 PUBLIC HEARING 3 rd READING ----- -...._._... NOT APPROVED ?r CM'CLERK,BOUT t3[AtD,(Fd REFERRED ASSED ,,,, SOUTH A ftic +�•...,1865 ' CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr.Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16,Articles 2 and 4, Regarding Provisions for the Removal of Yard Waste from City Furnished Containers Dear President Scott: In 2013, the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard waste materials. This allowed the City to collect uncontaminated, plastic-free yard waste for processing at the Organic Resources facility for the first time in the City's history. Subsequently,the City has moved approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility to the landfill over the past two years to comply with requirements from the Indiana Department of Environmental Management. At the same time,the City introduced the voluntary use of 95 gallon yard waste containers furnished by the City as receptacles for yard waste to be collected from residential properties. The City issued yard waste containers are rented annually for$16.00 or about$.50 per week during the months of April through November. Since that time,the City has been reviewing the costs associated with the yard waste removal and has determined that there is a significant cost difference between the collection of yard waste in City furnished containers and the collection in paper bags, residential containers,or non- bagged bundles. It has been determined that it is not economically feasible for the City to continue removing yard waste which is not contained within the City furnished yard waste containers. This ordinance recommends limiting the collection and removal of weekly residential yard waste materials to those placed in City furnished yard waste containers. Residents would have until February 1, 2016 to request a container for an April 1,2016 effective date. After April 1, no yard waste shall be removed from property as a part of the weekly collection unless contained within a City furnished container. However,the City would still have provisions for a one-time per month special pick-up collection of yard waste that would not be limited to the City furnished yard waste containers,and the City would still run its annual Spring and Fall Curbside Re-Leaf programs. Mr.Tim Scott Yard Waste May 20, 2015 Page Two Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information,please let me know. As always, thank you for your consideration. Sincerely, Eric C. Horvath City of South Bend Executive Director Public Works I Hied I' 1 I As`To Z015 env t .4{ uni iiENb tom""_----.....a ,l� Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The current downspout regulations for the City of South Bend are codified into the South Bend Municipal Code as Section 17-4, which have not been updated since 1970. For the past several years, the City has had a voluntary"Downspout Disconnect Program". It requires a property owner who wishes to participate in the program, to sign a hold harmless and indemnification agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to the downspout so the water drains into the yard instead of into the combined sewer". On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the proposed improvements to the City's combined sewer system. The Common Council has been advised that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent Decree. The Common Council and the Department of Public Works believe that updating the downspout regulations will help minimize such discharges. Downspout disconnection is also recommended by the EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater to rain barrels and permeable areas, instead of into the storm sewer. The Common Council,working in collaboration with the City's Public Works Director,also acknowledge that the Indiana Department of Environmental Management(IDEM) also recommend that downspouts be connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods". Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by IDEM. This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of South Bend, Indiana. girep, =On-, am-J Crdairird iy the (Vomunraw- (ailiEd 6//dr 'a �� �i�ye�aa/d (ai,d, flrdaira, aJ Section I. Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code is amended to read as follows: Sec. 17-4 Drains and Downspouts Disconnection Requirements; Limited Exceptions. r • Drain and Downspout Disconnect Ordinance Regulations Page 2 (a) • ` = : '' • : : • : -• •: = - : No newly constructed gutter,downspout,roof drain, foundation drain or off-street parking area drain shall be connected with or permitted to drain into the sanitary sewer system of the City. " ; Whenever it becomes necessary to rebuild, repair or replace any such drain : ': ; ..: - - - - - • - - •• --. •; • - : it shall be rebuilt, repaired or replaced in such a manner that it will no longer be built,repaired or replaced in such a manner that it will no longer be connected with or flow into the sanitary sewer system of the City. I; .. . . thearea-is-completed. _, (b) Storm water and all other unpolluted drainage including_cooling water shall be discharged to retention or detention basins, to naturally occurrintor construed wetlands, to rain barrels, cisterns, to a natural outlet, or utilize other Best Management Practices (BMP) methods approved by the Department of Public Works and authorized by the Indiana Department of Environmental Management(IDEM) or in the case of residential properties to "On-Lot Treatment" practices recommended by the Environmental Protection Agency (EPA).' The Department of Public Works is authorized to institute additional compliance regulations and standards so long as they are discussed with the Council's Utilities Committee prior to taking effect and conspicuously_posted on the City of South Bend's official municipal website. (c) Due to the extraordinary estimated costs to implement the Long Term Control Plan(LTCP) mandated by the Environmental Protection Agency(EPA) and the Indiana Department of Environmental Management(IDEM),all buildings,sump pumps,and parking lots which currently direct their stormwater into the sanitary or combined or storm water sewers shall have up to five(5) years from the date of the passage of this ordinance to disconnect, with the following limited exceptions and requirements: (1) All building rooftops located in Commercial/Mixed Use Districts defined in Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include:OB Office Buffer District, MU Mixed Use District, 0 Office District, LB Local Business District, CB Community Business District, CBD Central Business District, and GB General Business District, shall have a limited exemption which shall be subject to the owner(s) of each such building filing_with the City's Department of Public Works (DPW) within the first three(3) years of said five(5) year period, a feasibility study ' IDEM sets forth"Technical Resources for Best Management Practices(BMP)which promote the most environmentally- friendly methodologies. See:www.in.gov.1DEM.The EPA has set forth as part of their"Best Management Practices"On-Lot Treatment methods which are available at http://water.ena.goyinolwaste/nodes/swbmp/On-Lot-Treatment.cfm Drain and Downspout Disconnect Ordinance Regulations Page 3 and a cost/benefit analysis to confirm that compliance may be cost prohibitive due to the building having an internal drainage system, due to impervious surfaces, or other documented reasons,which shall be reviewed by DPW. DPW shall review such documentation and meet with the owner to determine if there are any other alternatives such as rooftop gardens and/or green roofs for their building rooftops, which should be designed to lower the temperature of the building, filter pollution,and reduce the amount of run-off from rain. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October 1'of each year. (2) All roofs and sump pumps of all one and two family detached houses, addressed in Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single family dwelling or a two family dwelling shall be disconnected on or before December 31, 2018. Owners of such single family dwellings or two family dwellings may participate on a one-time basis, at no charge to such owner(s) in calendar year 2016 and 2017, in the City of South Bend's "Downspout Disconnect Program". This program is part of the Neighborhood Improvement program administered by the Division of Engineering in the Department of Public Works.2 Anyone who has not complied with required disconnections by December 31, 2017, may participate in the Downspout Disconnect Program in the 2018 calendar year, however he/she shall be charged for such services at the rates established by the Board of Public Works. Any owner of a one or two family detached house addressed in this paragraph who believes that he/she cannot comply with the disconnection requirements must file a cost/benefit analysis to confirm that compliance would be cost prohibitive due to impervious surfaces,or other documented reasons which shall be reviewed by DPW. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October of each year. Section II. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause,phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 Information on the Downspout Disconnect Program and the hold harmless and indemnification agreement are available at http://www.m.south-bend in.us/govemment/content/neighborhood-immovement-oroarams • Drain and Downspout Disconnect Ordinance Regulations Page 4 Henry Davis,Jr., 2nd District out). uncil Member South Bend Common Council Dr. David Varner, 5th District Council Member South Bend Common Council Dr. Fred Ferlic,4th District Council Member South Bend Common Council Office of the City Clerk elfeorn/rdby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the_ day of , 2015, at o'clock . m. Janice Talboom,Deputy Clerk *weed rend w/„e./by me on the_day of ,2015, at_o'clock_.m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office 1 e READING PUBLIC HEARING AUG 9 2015 3 rd READING NOT APPROVED REFERRED JOHN voorins CITY CLERK,SOUTH SEND,IN PASSED `0, TNT ,t.:3 ,O. 4 C' 4 � T r . , The South Bend Common Council 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.9321 August 18, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Downspout Disconnection Regulations Dear Council Members; We are filing the attached proposed ordinance to update the City's downspout regulations. In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency(EPA)mandate addressed in the December 2011 judicial Consent Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers. It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have downspouts which are still connected. The proposed ordinance would: • Create a 3-year period for all owners of a one or two-family dwelling to comply. • Would continue the City's "Downspout Disconnect Program"at no charge for owners of a one or two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public Works to establish reasonable fees for the program effective January 1, 2018. • Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to comply. • Would establish a process where any affected property owner who believes that compliance would be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public Works and would permit an appeal of their decision to the Board of Public Works. Downspout Disconnect Cover Letter—page 2 We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to the Council's Utilities Committee for review and recommendation. Thank you. Most sincer- s ,i . ^ ibe i Henry t Council Member South Bend Common Counci Dr. David Varner, 5m District Council Member Utilities Committee Chairperson Dr. Fred Ferlic,4th District Council Member South Bend Common Council Attachment cc; Eric Horvath, P.E.,Department of Public Works Director Substitute Bill No. 68-15 p Ordinance No. -15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS,AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY. STATEMENT OF PURPOSE AND INTENT Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections involving oversight and supervisory duties of the City of South Bend Board of Public Works through the City's Department of Public Works, and the charge of fees for these Public Works services. Chapter 6,Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed with the Board of Zoning Appeals, which petitions involve the City Public Works Department's review of drainage and downspout engineering designs to determine if they comply with City regulations. No fee is presently charged for this Public Works Department service. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting roadway excavations; construction or repair of sidewalks, curbs, gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout engineering design review. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City oversight and supervision for building, construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing its expertise and services. This ordinance addresses, and is necessary and proper, to support the City's fiscal needs. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended by adding the following new subsection (6) which shall read in its entirety as follows: (6) Engineering Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. (1) Previously Confirmed Disconnect exempt 1 (2) Single-Use Residential $20 (3) Other $50 b. Drainage Review(Required of all non-single-use residential) $150 c. Utility Verification Fee $50 Section II. Chapter 6, Article 5, Section 6-11 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 6-11 Permit requirements (a) All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City,and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the South Bend Municipal Code. • .. . . .- -- Board, but in no case less than five thousand dollars ($5,000.000 conditioned to indemnify, save and keep harmless the City from any and all loos, expense, cost or liability of any kind whatsoever which the City may suffer or be put to, from or by reason of any act or thing done or neglected to be done, or by virtue of the authority given in such permit. (b) Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure for the building operations as herein described and for administration purposes. (c) The fee for granting such a permit shall be twenty dollars ($20.00) (c) (e)The occupancy of a street for the purposes permitted in the permit shall never extend in front of any one (1) building to exceed one-third of the width of the roadway, unless a greater width is permitted by the Board of Public Works, and in no event is any material to be stored or placed closer than four(4)feet of any railway track. In all cases where such obstruction of the street is made there shall be a clear space of not less than one (1) foot between such obstruction and the curb line, which may be arched over at a height sufficient to permit drainage of water in the gutter. (d) (#t A suitably surfaced walk, four (4) feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in section 6- 12. (e) (SEarth taken from the excavation and rubbish taken from the building shall not be stored upon the sidewalk or roadway of the street. Section III. Chapter 17, Article 12, Section 17-113(d) of the South Bend Municipal Code, shall be amended to read as follows: 2 Sec. 17-113. Site development permit. (d) Each ESCP submittal shall include the name, address and phone number of the owner or developer of the site and any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. It shall also include a statement by the owner or developer of the site that any land clearing, construction, or development involving the movement of earth by any party on the project site shall be in accordance with the approved ESCP. Each ESCP shall be accompanied by a non- refundable one hundred dollars ($100) filing-permit review fee per acre of disturbed land up to $1,000 made payable to the City of South Bend, Indiana. Partial acres are always rounded up (e.g. 2.1 acres would have a review fee of$300). The separate ECSP non-refundable filing fee is $100). Section IV. Chapter 18,Article 2, Section 18-20(a)of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-20. Obstructing free passage of streets; exception; permit required. (a) No person by any means or in any manner shall collect together vehicles or any substance or materials so as to obstruct the free passage or use of any street.All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City,and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the South Bend Municipal Code. Section V. Chapter 18, Article 2, Section 18-22 of the South Bend Municipal Code, is hereby amended by adding the following new subsection (e) which shall read in its entirety as follows: (e) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City excavation fees;however,the contractor or City department doing any such construction work must apply and receive approval for excavation permits as described in Section 18-25. Section VI. Chapter 18, Article 2, Sections 18-24 and 18-26 of the South Bend Municipal Code, are hereby amended to read in their entirety as follows: Sec. 18-24.—Excavation permit; fee. Any person desiring to make an opening or excavation contemplated by this article shall pay to the City Engineer's Office for the permit required by Section 18-22 the following: sum of twenty five dollars ($25.00). (a) Excavation of 100 linear feet or less, and for each tunnel opening: 1. In Roadway Pavement $200 2. Outside of Roadway Pavement $25 (b) An additional charge of$25 required for each additional 100 linear feet of excavation 3 Sec. 18-26.—Bond required; amount; conditions; indemnity agreement. (a) At the time of making the request under section 18-25 the person desiring to make an opening or excavation shall file a bond payable to the City in such sum as the Board of Public Works and Safety may designate. (b) The bond shall be filed with the Board of Public Works and-Safety-and shall be conditioned to save the City harmless from any loss, cost or damage by reason of such proposed work, and that the same shall be done in all respects in conformity with the requirements of this Code and all other ordinances of the City regulating the same; provided, that a single or continuing bond may be given to embrace all work of the petitioner for a period of time between the date of the execution of the same and such date as set forth by the City Engineer not to exceed three years. January 1. Any single or continuing bond issued hereunder may be renewed on an annual basis,upon approval of the Board of Public Works and Safety. (c) Any public utility operating under the jurisdiction of the Public Service Commission of the State may give an indemnifying agreement in lieu of such bond. (d) Any person desiring to make any opening or excavation as provided herein shall also carry insurance against all personal injury and property damage claims which may arise from the performance of such work in such amounts as may be established by the Board of Public Works and Safety and, in case of a single or continuing bond, shall maintain on file in the office of the Board evidence of the continuation in force of such insurance throughout the term for which any such bond is issued. Section VII. Chapter 18, Article 2, Section 18-27 of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-27.—Restoration of surface; specifications. (a) Any person making any opening or excavation or causing the same to be made in any street shall be required to replace all excavated material and pavement as herein set forth in the City Standards and Specifications as adopted by the Board of Public Works. entitled "Street Excavation Repair 1964." A copy of the relevant standards and specifications shall be attached to each permit issued. (b) This specification is set forth as follows: "Street Excavation Repair 1964 City Engineering Department South Bend, Indiana "Whereas: The Board of Public Works and Safety deems it necessary to 4 these specifications." - . • - . "E =" . .. . . .. . .. ... . ... . . .. .. cut not less than one and one half(11/4) inches. with eight (8) inches of concrete, except in some residential streets where the City Engineer may require the brick to be replaced. replaced. �. _ - - , - •. , • - _ asphaltic concrete surface conforming to Section D3, Hot Asphaltic Concrete aggregate Class A or B, Size No. 53 Section K3 of the State Highway cix (6) inches around the concrete patch so that the two (2)joints are offset. ' contractor to replace the pavement within fourteen(11) days following more than six (6) months before permanent repairs are made. Section VIII. The title to Article 3 of Chapter 18, and Sections 18-35, 18-43, and 18-44 of that Chapter and Article of the South Bend Municipal Code are hereby amended to read in their entirety as follows: 5 ARTICLE 3 — CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS,_AND GUTTERS,DRIVEWAYS, ALLEYS,AND ROADWAYS Sec. 18-35 Duty of abutting property owner; permit; issuance; fees. (a) Any property owner(which includes tenant,occupant or contractor)upon his own initiative and without notice may, or in case of written notice from the Board of Public Works and Safety or its designee as provided by law shall, construct, reconstruct, repair and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway and/or roadway and/or or alley abutting or bordering upon the property. (b) Such owner shall first make application to the City Engineer or his designee for a construction permit to be issued by such Board. (c) Upon compliance with the provision of this Section and approval of the application by the City Engineer or his designee the Board shall issue a permit. (d) The permit fee for each curb cut shall be tcn dollars ($10.00)type of construction shall be as follows: Separate Processing Fee $25 Curb or Sidewalk—Repair(Replacement In-Kind) $15 Curb or Sidewalk—New/Modification $5 per ten linear feet ($25 minimum) Roadway or Alley $10 per ten linear feet ($50 minimum) Residential Curb Cut (Driveway)—New/ Modification $35 Residential Curb Cut (Driveway)—Repair (Replacement In-Kind) $15 Non-Residential Curb Cut (Driveway)—New/ Modification $130 Non-Residential Curb Cut (Driveway) —Repair (Replacement In-Kind) $95 Re-inspection $25 (e) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City construction fees; however, the contractor or City department doing any such construction work must apply and receive approval for construction permits as described in Section 18-35. Sec. 18-43. Penalty for Violation_': • • : • : • : • • • • • • ' • : • • (a) No person shall engage in the business of sidewalk contractor or in the business of laying any sidewalk or setting any curbing or guttering in the streets, alleys, sidewalks or public grounds of the City without first having obtained a permitlicenso. 6 (b) Any person who fails to obtain the necessary construction permit shall be shall be fined not less than one hundred dollars ($100.00) per day nor more than one thousand ($1,000.00) per day, until such time as an approved permit is obtained, in addition to being liable for the appropriate fee from the date said construction began. Enforcement proceedings may be initiated upon complaint by the Department of Public Works or by any affected individual. The annual license fee for a sidewalk contractor shall be Ten Dollars ($10.00). (c) All work performed by a sidewalk contractor shall be done according to plans, specifications and the provisions of this Code and ordinances of the City. Sec. 18-44. Same-Bond required; amount; conditions;, indemnification; insurance. (a) At the time of making the request under section 18-35 the person desiring to obtain a construction permit shall file a bond payable to the City in such sum as the Board of Public Works may designate. The bond shall be filed with the Board of Public Works and shall be conditioned to save the City harmless from any loss, cost or damage by reason of such proposed work, and that the same shall be done in all respects in conformity with the requirements of this Code and all other ordinances of the City regulating the same; provided, that a single or continuing bond may be given to embrace all work of the petitioner for a period of time between the date of the execution of the same and such date as set forth by the City Engineer not to exceed three years. Any single or continuing bond issued hereunder may be renewed on an annual basis,upon approval of the Board of Public Works. All applicants for such licence shall file with the Board of Public Works and Safety surety approved by such Board and conditioned that the work and materials shall be according to plans and specifications and all requirements of this Code and ordinances of the City. The bond shall insure to the benefit of both the City and the person for whom the arising out of the work. (b) All such applicants shall also carry insurance against all personal injury and property damage claims which may arise from the performance of such work in such amounts as may be established by the Board of Public Works-and-Safety, and shall maintain on file in the office of the Board evidence of the continuation in force of such insurance throughout the term for which any Guch license single or continuing bond is issued. (c) Any public utility operating under the jurisdiction of the Public Service Commission of the State may give an indemnifying agreement in lieu of such bond. Section IX. Chapter 18, of the South Bend Municipal Code, shall be amended to add a new Article 7 governing the use of City of South Bend right-of-ways by those persons or organizations seeking a permit to do so. The following new Article 7 which contains three new Sections --18-60, 18-61, and 18-62-- shall read in its entirety as follows: 7 Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS Sec. 18-60. —Commercial, construction, recreational use of the right-of-way (a) Application Required (1) Not less than forty-eight (48) hours prior to the anticipated occupancy of a portion of any City right-of-way, and not less than seven (7) days prior to the anticipated full closure of City right-of-way, those parties desiring to temporarily obstruct a city right-of-way shall make application to the City of South Bend through the City Engineer's Office; however, said time limits may be waived for applications determined to be emergencies by the City Engineer. (2) Said application shall contain an adequate description of the use to be made of the occupied portion of City right-of-way including the size, location,purpose and type of structure to be located thereupon. (3) The Applicant shall pay fees for use of any right-of-way as established in Sec. 18- 61(d) below whenever temporary obstructions to the right-of-way exceed typical obstruction allowances that are inherent with construction activities for which permit fees were previously paid for excavation permits and/or access permits. For purposes of this Section "typical obstruction allowances" shall mean be five (5) days or less for the obstruction of a non-traffic lane or right-of-way; two (2) hours or less where traffic lanes are obstructed and traffic is maintained on a collector roadway; and one (1) hour or less where traffic lanes are obstructed and traffic is maintained on an arterial roadway. No consideration of previously paid permit fees will occur for road closures. (4) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City barricade fees; however, the contractor or City department doing any such construction work must apply and receive approval for barricade permits as described in subpart "1" of this Section. (b) Departmental Approvals Required (1) Approval of any barricade or temporary occupancy permit under this Section is contingent upon the applicant securing any other permit(s) applicable by City ordinance, including but not limited to excavation permit, access permit over- size/overweight permit, public assembly permit, parade permit, and/or block party permits. (2) Before any barricade or temporary occupancy permit shall be granted, the same shall be reviewed by City Police and the Department of Public Works, and approved by the City Engineer. Right-of-way use requested by the applicant is subject to change as a result of this review. (3) Once an applicant's right-of-way use is established and approved, it shall not be subject to change or modification by the applicant except with additional reviewing-agency approval. The City reserves the right to cause a change in location or date for reasons of public safety. 8 Sec. 18-61. Conditions of any barricade permit (a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to indemnify and save harmless the City of South Bend of and from any and all losses or claims which may be asserted by anyone by reason of the granting of such permit and the occupancy of the right-of-way by the applicant. (b) Restoration: The applicant shall covenant to restore the right-of-way to a like or better condition than existed prior to the permitted use upon conclusion of the approved occupancy. (c) Barricades and Signs: All barricades and signs shall conform to the latest revision of the Indiana Manual on Uniform Traffic Control Devices as well as any additional requirements deemed appropriate by the Department of Public Works or Police Department when necessitated by special or additional safety considerations. Permittees shall bear the expense of obtaining, erecting, maintaining and removing barricades and signs. Applicant shall also designate a representative by name and 24- hour phone number for notification by City when maintenance of barricading is required. (d) Barricade Fee Schedule: Permit fees shall not be waived. The term "week" is defined as a period from 1 to 7 days. Type Street Complete Closure Traffic Lane Restrictions Non-Traffic Restrictions Local $75 /week $35/week $20/week Collector $50/day/lane $50/day/lane $35/week Arterial $75/day/lane $75/day/lane $35/week If a fee is paid to obstruct a portion of the roadway and if the right-of-way adjacent to the road will be obstructed for the same duration of time as the roadway, an additional charge will not be assessed for the area adjacent to the roadway. (e) Penalty for Violation: Any person who fails to obtain the necessary right-of-way occupancy permit shall be shall be fined not less than one hundred dollars ($100.00) per day nor more than one thousand($1,000.00)per day, until such time as an approved permit is obtained, in addition to being liable for the appropriate fee from the date said occupancy began. Enforcement proceedings may be initiated upon complaint by the Department of Public Works or by any affected individual. Sec. 18-62. Bond required; amount; conditions; indemnification; insurance. (a) At the time of making the request under section 18-60 the person desiring to obtain an occupancy permit shall file a bond payable to the City in such sum as the Board of Public Works may designate. The bond shall be filed with the Board of Public Works and shall be conditioned to save the City harmless from any loss, cost or damage by reason of such 9 proposed work, and that the same shall be done in all respects in conformity with the requirements of this Code and all other ordinances of the City regulating the same; provided, that a single or continuing bond may be given to embrace all work of the petitioner for a period of time between the date of the execution of the same and such date as set forth by the City Engineer not to exceed the duration of occupancy. Any single or continuing bond issued hereunder may be renewed on an annual basis, upon approval of the Board of Public Works. (b) All such applicants shall also carry insurance against all personal injury and property damage claims which may arise from the performance of such work in such amounts as may be established by the Board of Public Works, and shall maintain on file in the office of the Board evidence of the continuation in force of such insurance throughout the term for which any single or continuing bond is issued. (c) Any public utility operating under the jurisdiction of the Public Service Commission of the State may give an indemnifying agreement in lieu of such bond. Section X. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: John Voorde, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock .m. Janice Talboom, Deputy Clerk Approved and signed by me on the day of , 2015, at o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana 1st READING 9 1015 PUBLIC HEARING 3rd READING 10 !OT APPROVED kg a 'FERRED CrtVO, U ` `S .iu§ ,IN .SSED sa. el /865 .... CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF PUBLIC WORKS November 19, 2015 Mr.Tim Scott Council President,South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Bill#68-15 Substitute Version Dear Council President Scott, On October 7, 2015, I, Patrick C. Kerr,City Engineer, filed Bill#68-15 which is an ordinance proposing to charge reasonable fees to recover costs of providing services to persons requesting site developments; excavation permits; construction or repair of sidewalks, curbs,gutters, driveways, alleys, and roadways;and barricade permits.That Bill, based upon further review,would benefit from the addition of language regarding bonding and insurance as well as several clerical and minor items. Notable substitutions to the original bill are as follows: 1) The Utility Verification Fee was determined to be better suited in Chapter 6 instead of Chapter 17 as it will be handled as part of the building permit process.This substitution has removed any proposed codification to Chapter 17 and has resulted in the renumbering of ensuing Sections of this Bill as the material from the original Section III has been relocated to Section I. 2) The non-uniformity of our current bonding and Insurance language in Sections 18-26, 18-44,and 18-62 was addressed by allowing for permit requesters to be granted single or continuing bonds whereby the amount would be defined by the Board of Public Works and the duration would be defined by the City Engineer. 3) Section 18-43 has been rewritten to handle Penalties for Violations.The existing code covered sidewalk contractor licenses which I propose to discontinue. 4) In Section 18-61,the Type of Street was renamed from Residential to Local to match the city's street classification scheme. In addition,the non-traffic restriction weekly fee for local streets was reduced from $35 to$20 to mirror the existing fee for homeowners requesting dumpsters. 0/001 I am now filing a Substitute Bill#68-15 which codifies proposed review and permit fees and permit requirements. Included in this submission is also a markup of the substitution bill that clarifies the substitutions being made to the original Bill. As before, both affected ordinances (Bills#68-15 and#69-15)will be presented by either City Engineer Patrick C. Kerr and/or Public Works Director Eric Horvath on November 23, 2015. Thank you for your consideration of this Substitute Bill. Sincerely, 07- Patrick C. Kerr City Engineer c: Aladean DeRose Eric Horvath John Murphy 6-, L , 00 , b r Bill No. Ordinance No. -15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES,REGULATIONS,AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY. STATEMENT OF PURPOSE AND INTENT Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections involving oversight and supervisory duties of the City of South Bend Board of Public Works through the City's Department of Public Works, and the charge of fees for these Public Works services. Chapter 6, Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed with the Board of Zoning Appeals, which petitions involve the City Public Works Department's review of drainage and downspout engineering designs to determine if they comply with City regulations.No fee is presently charged for this Public Works Department service. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting roadway excavations; construction or repair of sidewalks, curbs, gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout engineering design review. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City oversight and supervision for building, construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing its expertise and services. This ordinance addresses, and is necessary and proper,to support the City's fiscal needs. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended by adding the following new subsection(6)which shall read in its entirety as follows: im Engineering Design Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. in Confirmed Disconnect exempt 1 L2,) Single-Use Residential $20 (3) Other $50 b. All other drainage review....$150.00 Section II. Chapter 6, Article 5, Section 6-11 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 6-11 Permit requirements fa) All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the South Bend Municipal Code. . . . _ . (b) Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure for the building operations as herein described and for administration purposes. (c) (ejThe occupancy of a street for the purposes permitted in the permit shall never extend in front of any one(1) building to exceed one-third of the width of the roadway,unless a greater width is permitted by the Board of Public Works, and in no event is any material to be stored or placed closer than four (4) feet of any railway track. In all cases where such obstruction of the street is made there shall be a clear space of not less than one(1) foot between such obstruction and the curb line, which may be arched over at a height sufficient to permit drainage of water in the gutter. (d) (49 A suitably surfaced walk, four (4) feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in section 6- 12. (e) (g)Earth taken from the excavation and rubbish taken from the building shall not be stored upon the sidewalk or roadway of the street. Section III. Chapter 17, Article 4, Section 17-47(c) of the South Bend Municipal Code, is hereby amended to read as follows: Article 4. WATER RATES AND CHARGES Sec. 17-47. —Nonrecurring Charges 2 (c) Other nonrecurring charges: Disconnect for nonpayment 11.00 Reconnection 8.00 Bad checks 20.00 Frozen meter(1"and smaller) 40.00 Building authorization fee 50.00 Service initiation 20.00 Meter downsize (1"and smaller) 32.00 Inspection and testing fee for backflow prevention devices; 1.5"or smaller 50.00 Inspection and testing fee for backflow prevention devices; 2"and larger 75.00 Damaged or lost meter, at cost depending upon size and type of meter. Return trip 15.00 Unauthorized use of water system 200.00 Section IV. Chapter 17, Article 12, Section 17-113(d) of the South Bend Municipal Code, shall be amended to read as follows: Sec. 17-113. Site development permit. (d) Each ESCP submittal shall include the name, address and phone number of the owner or developer of the site and any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. It shall also include a statement by the owner or developer of the site that any land clearing, construction, or development involving the movement of earth by any party on the project site shall be in accordance with the approved ESCP. Each ESCP shall be accompanied by a non- refundable one hundred dollars($100.00) filing-permit review fee per acre of disturbed land up to $1,000 dollars made payable to the City of South Bend, Indiana. Partial acres are always rounded up(e.g. 2.1 acres). The separate ECSP non-refundable filing fee is $100.00). Section V. Chapter 18, Article 2, Section 18-20(a) of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-20. Obstructing free passage of streets; exception; permit required. (a) No person by any means or in any manner shall collect together vehicles or any substance or materials so as to obstruct the free passage or use of any street. All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18,Article 7 of the South Bend Municipal Code. 3 Section VI. Chapter 18, Article 2, Section 18-22 of the South Bend Municipal Code, is hereby amended by adding the following new subsection(e)which shall read in its entirety as follows: (e) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City excavation fees; however, the contractor or City department doing any such construction work must apply and receive approval for excavation permits as described in Section 18-25. Section VII. Chapter 18, Article 2, Section 18-24 of the South Bend Municipal Code, is • hereby amended to read in its entirety as follows: Sec. 18-24.—Excavation permit; fee. Any person desiring to make an opening or excavation contemplated by this article shall pay to the City of South Bend,Indiana for the permit required by Section 18-22 the following: (a) Excavation of 100 linear feet or less, and for each tunnel opening: 1. In Roadway Pavement: $200(two-hundred dollars). 2. Outside of Roadway Pavement: $25 (twenty-five dollars). (b) An additional charge of$25 (twenty-five dollars) required for each additional 100 linear feet. Section VIII. Chapter 18, Article 2, Section 18-27 of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-27.—Restoration of surface; specifications. (a) Any person making any opening or excavation or causing the same to be made in any street shall be required to replace all excavated material and pavement as herein set forth in the City Standards and Specifications as adopted by the Board of Public Works. entitled "Street Excavation Repair 1961."A copy of the relevant standards and specifications shall be attached to each permit issued. - - . . • . • • 0: City Engineering Department Seuth-Bendr Indiana 4 re •:. - . . . _ • . ... - . _ . . . . _ . Section IX. The title to Article 3 of Chapter 18, and Section 18-35 of that Chapter and Article of the South Bend Municipal Code are hereby amended to read in their entirety as follows: ARTICLE 3 — CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS GUTTERS,DRIVEWAYS,ALLEYS,AND ROADWAYS Sec. 18-35 Duty of abutting property owner; permit;issuance; fees. 5 (a) Any property owner (which includes tenant, occupant or contractor) upon his own initiative and without notice may, or in case of written notice from the Board of Public Works-and Safety or its designee as provided by law shall, construct, reconstruct, repair and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway and/or roadway and/or or alley abutting or bordering upon the property. (b) Such owner shall first make application to the City Engineer or his designee for a permit to be issued by such Board. (c) Upon compliance with the provision of this Section and approval of the application by the City Engineer or his designee the Board shall issue a.permit. (d) The permit fee for each .. .. . . . .. !.!! type of construction shall be as follows: Filing Fee $25.00 Curb and Sidewalk $0.50 per LFT Roadway or Alley $1.00 per LFT Re-inspection Fee $25.00 each (e)The permit fee for each curb cut shall be administered as specified in the following table: Residential—New $55.00 Residential—Modification $40.00 Non-Residential—New $155.00 Non-Residential—Modification $120.00 Section X. Chapter 18, of the South Bend Municipal Code, shall be amended to add a new Article 7 governing the use of City of South Bend right-of-ways by those persons or organizations seeking a permit to do so. The following new Article 7 which contains two new Sections--18-60 and 18-61-- shall read in its entirety as follows: Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS Sec. 18-60.—Commercial, construction, recreational use of the right-of-way (a) Application Required (1) Not less than forty-eight(48)hours prior to the anticipated occupancy of a portion of any City right-of-way, and not less than seven (7) days prior to the anticipated full closure of City right-of-way, those parties desiring to temporarily obstruct a city right-of-way shall make application to the City of South Bend through the City Engineer's Office; however, said time limits may be waived for applications determined to be emergencies by the City Engineer. 6 (2) Said application shall contain an adequate description of the use to be made of the occupied portion of City right-of-way including the size, location, purpose and type of structure to be located thereupon. (3) The Applicant shall pay fees for use of any right-of-way as established in Sec. 18-61(d) below whenever temporary obstructions to the right-of-way exceed typical obstruction allowances that are inherent with construction activities for which permit fees were previously paid for excavation permits and/or access permits. For purposes of this Section "typical obstruction allowances" shall mean be five (5) days or less for the obstruction of a non-traffic lane or right-of-way; two (2) hours or less where traffic lanes are obstructed and traffic is maintained on a collector roadway; and one(1) hour or less where traffic lanes are obstructed and traffic is maintained on an arterial roadway. No consideration of previously paid permit fees will occur for road closures. (4) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City barricade fees; however, the contractor or City department doing any such construction work must apply and receive approval for barricade permits as described in subpart "1"of this Section. (b) Departmental Approvals Required (1) Approval of any barricade or temporary occupancy permit under this Section is contingent upon the applicant securing any other permit(s) applicable by City ordinance, including but not limited to excavation permit, access permit over- size/overweight permit,public assembly permit, parade permit, and/or block party permits. (2) Before any barricade or temporary occupancy permit shall be granted, the same shall be reviewed by City Police and the Department of Public Works, and approved by the City Engineer. Right-of-way use requested by the applicant is subject to change as a result of this review. (3) Once an applicant's right-of-way use is established and approved, it shall not be subject to change or modification by the applicant except with additional reviewing-agency approval. The City reserves the right to cause a change in location or date for reasons of public safety. Sec. 18-61. Conditions of any barricade permit (a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to indemnify and save harmless the City of South Bend of and from any and all losses or claims which may be asserted by anyone by reason of the granting of such permit and the occupancy of the right-of-way by the applicant. (b) Restoration: The applicant shall covenant to restore the right-of-way to a like or better condition than existed prior to the permitted use upon conclusion of the approved occupancy. (c) Barricades and Signs: All barricades and signs shall conform to the latest revision of the Indiana Manual on Uniform Traffic Control Devices as well as any additional 7 requirements deemed appropriate by the Department of Public Works or Police Department when necessitated by special or additional safety considerations. Permittees shall bear the expense of obtaining, erecting, maintaining and removing barricades and signs. Applicant shall also designate a representative by name and 24- hour phone number for notification by City when maintenance of barricading is required. (d) Barricade Fee Schedule: Permit fees shall not be waived. The term "week" is defined as a period from 1 to 7 days. Type Street Complete Closure Traffic Lane Restrictions Non-Traffic Restrictions Residential $75 .00/week $35 .00/week $35.00/week Collector $50.00/day/lane $50.00/day/lane $35.00/week Arterial $75.00/day/lane $75.00/day/lane $35.00/week If a fee is paid to obstruct a portion of the roadway and if the right-of-way adjacent to the road will be obstructed for the same duration of time as the roadway, an additional charge will not be assessed for the area adjacent to the roadway. fel Penalty for Violation: Any person who fails to obtain the necessary right-of-way occupancy permit shall be shall be fined not less than one hundred dollars ($100.00) per day nor more than one thousand ($1,000.00) per day, until such time as an approved permit is obtained, in addition to being liable for the appropriate fee from the date said occupancy began. Enforcement proceedings may be initiated upon complaint by the Department of Public Works or by any affected individual. Section XI. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publi . -• • ed . _law. Member:Iti - . Council Attest: . .. ;Vw& an Sigit ng 0, lwea f and OPPa74 lt4y j'yt{ lbhlL N John Voorde, City Clerk CQUt an Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of ,2015, at o'clock_.m. Janice Talboom,Deputy Clerk 8 Approved and signed by me on the day of , 2015, at o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed In Clerk's Office 1st READING (' rlZ'l PUBLIC HEAR:NG 3 rd READING 9 JOI*i WORM NOT APPROVED err.,%EWA,SOUTH BEND,IN REFERRED -�------ PASSED . 4 sou in e 10 tvt141114/cgs:. NIN tile i /865 .,/; CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 7, 2015 Mr.Tim Scott Council President, South Bend Common Council 4th Floor, County-City Building • South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code to cover fees associated with various permits and reviews. Dear Council President Tim Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code in Chapters,6,17, and 18 that contain sections covering fees for reviews and permits associated with stormwater control and constructibn.in the public right-of-way. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting site developments; roadway excavations;construction or repair of sidewalks, curbs,gutters, driveways,alleys and roadways; and barricade permits. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City oversight and supervision for building, construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing of its expertise and services. Many of the fees being addressed in the Municipal Code have not been adjusted for over 50 years. Either I,or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincere) Fl {t' . Office rm { MT law i Patrick C. Kerr, PhD, PE City Engineer CITY CLERK SOAR I3END,IN It ivs SSs Vca( 03. Substitute Bill No. 69-15 ( Q V �i' Ordinance No. -15 \j °a J AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 5 ADDRESSING ENGINEERING SERVICE CHARGES IN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS STATEMENT OF PURPOSE AND INTENT The South Bend Department of Public Works through its Engineering Division regularly and frequently performs review and analysis of real estate development projects within the City of South Bend, Indiana, as part of the St. Joseph County Area Plan Commission and the Board of Zoning Appeals approval process for plats, site plans, special exceptions, variances and similar land use applications under the City's Zoning Ordinance, as expressed at Chapter 21, Article 1, Section 21-01.01(c) of the South Bend Municipal Code(the Code). The countywide Area Plan Commission has established a fee schedule for its own review, analysis, and administration of applications seeking approval for various forms of land use, but the City of South Bend has not separately charged for, nor has it received from the County Area Plan Commission compensation for the services rendered by the City's Engineering Division related to land use application projects. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge reasonable fees to recover the costs of providing certain services to those persons filing applications for development plan approval under Chapter 21, Article 9, and Section 21-09.05(d) of the Code. Certain towns within St. Joseph County such as Lakeville, New Carlisle, North Liberty, and Osceola are currently charging separate fees for their similar services. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City review and expertise related to development plans defray the City's costs for the time and expenses incurred to furnish such expertise and services. This ordinance addresses, and is necessary and proper, to support the City's fiscal needs. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 6 of the South Bend Municipal Code shall be amended to add a new Article 5 to read in its entirety as follows: 1 Article 5. Engineering Fees For Subdivisions,Rezoning, Site Plans,And Miscellaneous Land Use Sec. 16-62. Engineering Fee Schedule. In order to defray administrative costs, applicants seeking approval for subdivisions, rezoning, site plans and miscellaneous land use under the City of South Bend Zoning Ordinance, Chapter 21 of the South Bend Municipal Code, shall pay at the time of application a separate fee to the City of South Bend for services rendered in the application process. The Schedule of fees shall be as follows: Subdivisions Filing Fee Major-Primary $200.00 Major-Secondary $400.00 Minor $125.00 Replat $75.00 Plat Vacation $75.00 Rezoning Filing Fee Single Family $75.00 Other than Single $75.00 Family Planned Unit $150.00 Development Site Plans Filing Fee Final Site Plans $50.00 PUD-Secondary $150.00 Approval PUD-Minor $50.00 Modification 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 any publication required by law. 2 Membenfre ommon Council Attest: %dig of this b is only to provide an oppoftily for pc1t imskv and John Voorde, City Clerk Council action on lifts bow, Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock .m. Janice Talboom, Deputy Clerk Approved and signed by me on the day of , 2015, at o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed RIkDiFfd PUBLIC HEARING " 6 2015 rd READING i NOT APPROVED 3 PERMED PASSED Area Plan Commission Fee Schedule - Effective 1/1/2016 Thru 12/31/2016 Filing Fees - Subdivisions Subdivision Type Payable to: St.Joseph St.Joseph Area Plan Commission Respective Town County County Recorder Auditor Lakeville:$150.00 $650.00 + New Carlisle: $500.00 Major- Primary $15.00/Lot North Liberty: $150.00 Osceola: $150 Roseland: n/a Lakeville:$150.00 $650.00 + New Carlisle:$500.00 $20.00 First Major-Secondary $20.00/Lot North Liberty:$150.00 Sheet; $5.00 Ea. $5.00 Osceola: $150 Additional Sheet Roseland: n/a Lakeville:$50.00 Minor New Carlisle:$100.00 $20.00 First (includes combining $450.00 North Liberty:$50.00 Sheet;$5.00 Ea. $5.00 primary&secondary) Osceola:$50 Additional Sheet Roseland: n/a Lakeville:$50.00 Replat New Carlisle: $200.00 (includes combining $20.00$5.00 g $275.00 North Liberty:$50.00 Sheet;$5.00 Ea. $5.00 primary&secondary) Osceola:$50.00 Additional Sheet Roseland: n/a Lakeville:$0.00 $20.00 First Type I New Carlisle:$25.00 Sheet;$5.00 Ea. Corrective Plat Osceola:$0.00$85.00 North Liberty:$0.00 Additional Sheet; $5.00 Roseland: n/a $1.00 additional Lakeville:$0.00 Type II New Carlisle:$25.00 $20.00 First $85.00 North Liberty:$0.00 Sheet;$5 00 Ea. $85 Corrective Plat Additional Sheet; $5.00 Osceola:$0.00 Roseland: n/a $1.00 additional Lakeville:$0.00 $20.00 First Type III New Carlisle.$25.00 Sheet; $5.00 Ea. Corrective Plat Osceola: $0.00 $110.00 North Liberty: $0.00 Additional Sheet; $5.00 Roseland: n/a $1.00 additional Lakeville:$0.00 $20.00 First New Carlisle: $25.00 $5.00 E $5. a. Sheet; Re-Recording $85.00 North Liberty:$0.00 $5.00 Osceola:$0.00 Additional Sheet; Roseland: n/a $1.00 additional Plat Vacation $175.00 N/a Ask Recorder $5.00/ Parcel E:IAPC AdministrativelFeeslFee Schedule Page 2016.docx Filing Fees — Rezoning Area Plan Commission City of South Bend St. Joseph County Towns Payable to the APC Payable to City of South Bend Payable to St.Joseph County Payable to the Town $200.00 Single Family $350.00 + $35.00/acre* $100.00 Other Than S F $1,000.00 Planned Unit ($150.00 fora combined annexation&zoning) Development $10.00 $200.00 Single Family $350.00 + $35.00/acre* $20.00—Osceola Other Than S F $10.00—Other $1,000.00 Planned Unit Development No fee for Roseland $200.00 Single Family $350.00+ $35.00/acre* Other Than S F $1,000.00 Planned Unit Development For a Combined Hearing Procedure, the following additional fees apply: Payable to the APC Special Use/Special Exception Use-$200.00 Variances-$85.00 1st variance, + $45.00/per each additional variance Re-Advertise A Tabled Petition - $50.00 * .01 - 1.49 acres $35.00. Each acre thereafter rounded to closest acre Rezone Public Hearing Sign- $5.00 each Filing Fees — Site Plans Area Plan Commission - Payable to the APC Fee Final Site Plans—Towns $150.00 Final Site Plans —St. Joseph County $150.00 (prior to 6/13/2005) PUD —Concept Plan $0 PUD—Secondary Approval $325.00 PUD —Minor Modification (includes site plan & development standards) $150.00 E:IAPC AdministrativelFeestFee Schedule Page 2016.docx Fees — Miscellaneous Item Fee Maps: Black &WhiteColor 8 '72 x 11 $0.05 $3.00 11 x 17 $0.05 $5.00 24 x 36 $15.00 $15.00 34 x 44 $20.00 $20.00 42 x 60 $30.00 $30.00 Mailing fees apply $5.00 first copy; Aerial Photographs (pre 2006) $2.00 ea. Additional copy; Plats (24X36) 150% of Fee, if produced outside of APC office Subdivision Ordinance: $10.00 • St. Joseph County Written Commitments $100.00 + Recording Fee Zoning Verification Letter $35.00 Photocopy Charges: Black& WhiteColor Letter& Legal $0.05/page $0.15 Ledger(11 x 17) $0.05/page $0.15 • Facsimile Transmissions $1.00/document Certification of Documents $1.00/document Commission GIS Layers (zoning, etc.): CD provided by Commission $20.00 CD provided by purchaser $5.00 Mailing fees apply E.:IAPC AdrninistrativelFeeslFee Schedule Page 2016.docx 1200 COUNTY-CITY Buti.DING SpUTeg 227 W.JEFI;i RSON BOULEVARD o` e/1.6 . PI toNE 574/235-9241 SOu rt I BEND,INDIANA 46601-1830 E1 FAX 574/235-7670 Z:)". o TT)! 574/235-5567 y., PEACE x - ■ 1865 , • CITY OF Son'I I BEND Pin BUTITGIEG,7\11YOR DEPARTMENT OF LAW CRISTAI.C.BRIScO AI.ADI'.AN M. I)I:ROSE CORPORATION ION COUNSF i. CITY A]TORNI?Y November 6,2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Bill# 69-15 Substitute Version Dear Council President Scott: On October 7, 2015 City Engineer Patrick C. Kerr filed Bill #69-15 which is an ordinance proposing to charge reasonable fees to recover costs of providing services to applicants for site development plans and Board of Zoning Appeal petitions. That Bill,having proposed an amendment to the City's Zoning Ordinance (Chapter 21, Article 1 of the South Bend Municipal Code),was referred on October 13, 2015 per regular procedure to the Area Plan Commission for review and recommendation by City Clerk John Voorde. The Area Commission through its Executive Director has informed us that fees for zoning and similar land use services rendered by the separate cities and towns within St.Joseph County are not within the jurisdiction of the St.Joseph County Area Plan Commission to approve,and that such fees must be set, approved, and collected directly by the city or town. It was also suggested that the fees proposed for City of South Bend Public Works Engineering Division be codified in a Chapter of the Municipal Code other than Chapter 21 (Zoning). The Area Plan Commission,having determined that Bill #69-15 concerns a subject matter which they cannot address, did not and will not provide its customary review and recommendation. For the reasons identified above, I am now filing a Substitute Bill #69-15 which codifies the proposed Engineering Division fees as a new Article 5 to Chapter 6 of the South Bend Municipal Code. No changes were made to the proposed fees. The specific designation under the Subdivisions category for "Minor Primary" and "Replat Primary" were changed to "Minor" and "Replat" to be consistent with the Area Plan Commission Schedule of Fees. The Statement of Purpose and Intent as well as the Title of Bill 69-15 were changed to reflect the codification of the Fee Schedule in a different Chapter of the Municipal Code. Because the change in Title will require re-publication, we request that this ordinance be set ELLIOT A.ANDERSON BENJAMIN J.DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J.SCHMIDT STEPHANIE STEELE Tim Scott November 6,2015 Page 2 for second and third reading and public hearing at the Council's meeting of November 23, 2015. A request is being made contemporaneously to re-schedule hearing on Bill 68-15 which similarly concerns Engineering related fees. Bill 68-15 addresses a change in certain fees previously established. As before,both affected ordinances (Bills #68-15 and 69-15) will be presented by either City Engineer Patrick C. Kerr and/or Public Works Director Eric Horvath. I am also attaching a copy of the Area Plan Commission's 2016 Fee Schedule for Council's further information. Thank you for your consideration of this Substitute Bill. Sincerely, • ",/ $i;L. Aladean M. DeRose City Attorney c: Patrick C. Kerr Eric Horvath John Murphy ' t , i • LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Depute Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY•CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 Wednesday,November 18,2015 S-cu s.AlL 'AC_ v�, . ` / /V I A 10 The Honorable Council of the City of South Bend 1 4th Floor, County-City Building Q .4 s South Bend, IN 46601 J RE: A proposed ordinance initiated by the Area Plan Commission of St.Joseph County,Indiana on behalf of the Common Council of the City of South Bend,Indiana,amending Chapter 21 Zoning of the Municipal Code of the City of South Bend,Indiana by repealing and replacing Article 12 Floodplain Regulations, in order to ' adopt the most recent Federal and State requirements-APC#2761-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Common Council of the City of South Bend, Indiana was legally advertised on Thursday,November 05,2015 and that the Area Plan Commission at its public hearing on Tuesday,November 17,2015 took the following action: Upon a motion by John McNamara,being seconded by Dan Brewer and unanimously carried,the proposed ordinance initiated by the Area Plan Commission of St. Joseph County, Indiana on behalf of the Common Council of the City of South Bend,Indiana,amending Chapter 21 Zoning of the Municipal Code of the City of South Bend, Indiana by repealing and replacing Article 12 Floodplain Regulations, in order to adopt the most recent Federal and State requirements, is sent to the Common Council with a FAVORABLE recommendation. This ordinance addresses required changes in the community's floodplain ordinance,and is required for continued eligibility in the National Flood Insurance Program. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Filed in CIP:k's Office Lawrence P. Magliozzi Attachment NOV 16 2015 JOHN . CITY CLERIC,::7(d1H sE:id),IN SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND Www.STIOseo H COUNTYINOtAM A.COM/AR EAPLAN Staff Report I 1/5/2015 APC # 2761-15 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 11/17/2015 Requested Action: An Ordinance initiated by the Area Plan Commission of St. Joseph County, amending Chapter 21,Zoning, Section 21-12, Floodplain Regulations, of the Municipal Code of the City of South Bend, St.Joseph County, Indiana. Staff Comments: The Federal Emergency Management Agency(FEMA)has made a number of changes to the Model Floodplain Ordinance, and has requested that communities that participate in the National Flood Insurance Program adopt the changes. The Department of Natural Resources is coordinating that effort for Indiana communities. A new floodplain ordinance must be adopted by December 16, 2015 in order for communities to remain in compliance with the National Flood Insurance Program. The primary purpose of this replacement ordinance is to specifically include within identified Special Flood Hazard Areas (SFHA's)and other flood prone areas insured by the Federal Emergency Management Agency(FEMA),those locations identified on the St. Joseph County Flood Insurance Rate Map dated January 6, 2011 and on any future updates, amendments or revisions prepared by FEMA. It should be noted that this replacement ordinance does not change, or in any other way affect, the existing penalties. The substantive changes consist solely in adding and deleting certain definitions, rephrasing and clarifying some language, and most importantly, incorporating FEMA's Flood Insurance Rate Map of January 6,2011 and assuring that all updates amendments and revisions prepared by FEMA shall be included within designated floodplain areas. All changes are per recommendation of either FEMA or IDEM, so there was little discretion in drafting. The FIRM maps, effective as of January 6, 2011, remain in place. Agency Comments: Chuck Bulot, Floodplain Administrator, has reviewed the changes and recommends approval. As of the date of this Report,the Department of Natural Resources is still reviewing the ordinance for conformity to the model floodplain ordinance. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a FAVORABLE recommendation. Analysis: This ordinance addresses required changes in the community's floodplain ordinance and is required for continued eligibility in the National Flood Insurance Program. APC # 2761-15 Page I of 1 BILL NO. SUBSTITUTE ORDINANCE ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 21 ZONING OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY REPEALING AND REPLACING ARTICLE 12 FLOODPLAIN REGULATIONS, IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code, Article 12 Floodplain Regulations to reflect changes as required by the Federal Emergency Management Agency(FEMA). This ordinance has been recommended for approval by the Area Plan Commission of St. Joseph County, Indiana, and is substantially equivalent to ordinances being adopted by all other participating political subdivisions of St. Joseph County, Indiana. The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a study of the flood-prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. CHAPTER 21 ZONING,ARTICLE 12 FLOODPLAIN REGULATIONS, of the Municipal Code of the City of South Bend, Indiana, shall be deleted in its entirety. SECTION II. CHAPTER 21 ZONING, of the Municipal Code of the City of South Bend, Indiana, shall be amended by adding new ARTICLE 12 FLOODPLAIN REGULATIONS to read in its entirety as follows: ARTICLE 12 FLOODPLAIN REGULATIONS Section 21-12 Floodplain Regulations Section 21-12.01. Statutory Authorization,Findings of Fact,Purpose, and Objectives (1) Statutory Authorization. The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore,the Common Council of City of South Bend,Indiana does hereby adopt the following floodplain management regulations. (2) Findings of Fact. (A) The flood hazard areas of the City of South Bend, Indiana are subject to periodic inundation which results in loss of life and property,health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base,all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages. (3) Statement of Purpose. It is the purpose of this Article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective bathers which are involved in the accommodation of flood waters; (D) Control filling,grading,dredging, and other development which may increase erosion or flood damage; (E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and, (F) Make federal flood insurance available for structures and their contents in the City of South Bend, Indiana by fulfilling the requirements of the National Flood Insurance Program. (4) Objectives. The objectives of this Article are: (A) To protect human life and health; (B) To minimize expenditure of public money for costly flood control projects; (C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) To minimize prolonged business interruptions; (E) To minimize damage to public facilities and utilities such as water and gas mains, electric,telephone, and sewer lines, streets, and bridges located in floodplains; and (F) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. Section 21-12.02. Definitions Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application. In addition to the definitions contained in Article 12 —Definitions, the following definitions shall apply to the Floodplain Regulations of this Chapter. (1) A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both.In A zones,floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones Al-A30, Zone AO, Zone AH,Zone AR and Zone A99 on a FIRM. The definitions are presented below: Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed,no base flood elevation or depths are shown. Zone AE and Al-A30: Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones Al-A30). Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding(usually sheet flow on sloping terrain)where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Zone An: Areas subject to inundation by one-percent annual chance shallow flooding(usually areas of ponding)where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Zone AR: Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Zone A99: Areas subject to inundation by the one-percent annual chance flood event,but which will ultimately be protected upon completion of an under- construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes,dams, and levees,to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. (2) Accessory structure (appurtenant structure)means a structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds,pole barns, and hay sheds. (3) Addition (to an existing structure)means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load- bearing wall other than a firewall. Any walled and roofed addition,which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. (4) Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this Article. (5) Area of shallow flooding means a designated AO or Ali Zone on the community's Flood Insurance Rate Map(FIRM)with base flood depths from one to three feet where a clearly defined channel does not exist,where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (6) Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. (7) Base Flood Elevation (BFE)means the elevation of the one-percent annual chance flood. (8) Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides. (9) Boundary River means the part of the Ohio River that forms the boundary between Kentucky and Indiana. (10) Boundary River Floodway means the floodway of a boundary river. (11) Building-see "Structure." (12) Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction. (13) Community Rating System (CRS)means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. (14) Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals,police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. (15) 1)Zone means unstudied areas where flood hazards are undetermined, but flooding is possible. Flood insurance is available in participating communities but is not required by regulation in this zone. (16) Development means any man-made change to improved or unimproved real estate including but not limited to: (A) construction,reconstruction,or placement of a structure or any addition to a structure; (B) installing a manufactured home on a site,preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; (C) installing utilities, erection of walls and fences, construction of roads, or similar projects; (D) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; (E) mining, dredging, filling, grading, excavation, or drilling operations; (F) construction and/or reconstruction of bridges or culverts; (G) storage of materials; or (H) any other activity that might change the direction, height, or velocity of flood or surface waters. "Development"does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing;resurfacing roads; or gardening,plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures. (17) Elevated structure means a non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls),pilings, or columns (posts and piers). (18) Elevation Certificate is a certified statement that verifies a structure's elevation information. (19) Emergency Program means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM. (20) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including, at a minimum,the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance. (21) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (22) FEMA means the Federal Emergency Management Agency. (23) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (24) Flood Boundary and Floodway Map (FBFM)means an official map on which the Federal Emergency Management Agency(FEMA)or Federal Insurance Administration(FIA)has delineated the areas of flood hazards and regulatory floodway. (25) Flood Insurance Rate Map (FIRM)means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (26) Flood Insurance Study(FIS) is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood. (27) Flood Prone Area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See"Flood") (28) Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (See "Freeboard") (29) Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts. (30) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (31) Floodplain management regulations means this Article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance,flood damage prevention ordinance, and floodplain management requirements. (32) Floodproofing(dry floodproofmg) is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. (33) Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect. (34) Floodway is the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. (35) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. (36) Fringe is those portions of the floodplain lying outside the floodway. (37) Hardship(as related to variances of this Article) means the exceptional hardship that would result from a failure to grant the requested variance. The Area Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience,aesthetic considerations,physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (38) Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. (39) Historic structures means any structures individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (40) Increased Cost of Compliance (ICC)means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation,relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997,will include ICC coverage. (41) Letter of Final Determination (LFD)means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause. (42) Letter of Map Change(LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment(LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F). The definitions are set forth as follows: (A) Letter of Map Amendment(LOMA)means an amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property-specific elevation data. A LOMA is only issued by FEMA. (B) Letter of Map Revision (LOMR)means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. (C) Letter of Map Revision Based on Fill (LOMR-F)means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA. (43) Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk,patio, deck support,or basement entryway immediately next to the structure. (44) Lowest floor means the lowest elevation described among the following: (A) The top of the lowest level of the structure. (B) The top of the basement floor. (C) The top of the garage floor, if the garage is the lowest level of the structure. (D) The top of the first floor of a structure elevated on pilings or pillars. (E) The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless: i. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two (2) openings (in addition to doorways and windows) in a minimum of two (2)exterior walls; if a structure has more than one enclosed area,each shall have openings on exterior walls; ii. the total net area of all openings shall be at least one(1) square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one(1) foot above the exterior grade or the interior grade immediately beneath each opening,whichever is higher; and, iii. such enclosed space shall be usable solely for the parking of vehicles and building access. (46) Manufactured home means a structure,transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home"does not include a "recreational vehicle." (47) Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (48) Market value means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building(actual cash value), or adjusted assessed values. (49) Mitigation means sustained actions taken to reduce or eliminate long-teen risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery. (50) National Flood Insurance Program (NFIP)is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry. (51) National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. (52) New construction means any structure for which the "start of construction" commenced after the effective date of the community's first floodplain ordinance. (53) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation of utilities, the construction of streets,and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance. (54) Non-boundary river floodway means the floodway of any river or stream other than a boundary river. (55) North American Vertical Datum of 1988 (NAND 88)as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. (56) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment,protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel,refuse, fill, structure, vegetation, or other material in,along, across or projecting into any watercourse which may alter, impede,retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (57) One-percent annual chance flood is the flood that has a one percent(1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See "Regulatory Flood". (58) Physical Map Revision (PMR) is an official republication of a community's FEMA map to effect changes to base (one-percent (1%) annual chance) flood elevations, floodplain boundary delineations,regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. (59) Public safety and nuisance means anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. (60) Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and(4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. (61) Regular program means the phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS. (62) Regulatory flood means the flood having a one percent(1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 21-12.03 (2) of this Article. The "Regulatory Flood" is also known by the term "Base Flood", "One-Percent Annual Chance Flood",and "100-Year Flood". (63) Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average,equaled or exceeded 25%of the market value of the structure before the damage occurred. (64) Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator fords has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas. (65) Special Flood Hazard Area (SFHA)means those lands within the jurisdiction of the City of South bend, Indiana subject to inundation by the regulatory flood. The SFHAs of the City of South Bend are generally identified as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions,prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE,Al- A30,AH,AR, A99, or AO). (66) Start of construction includes substantial improvement,and means the date the building permit was issued,provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles,the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing,grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings,piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (67) Structure means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. (68) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (69) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred"repetitive loss"or "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary,or safety code requirements or any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure". (70) Suspension means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP. (71) Variance is a grant of relief from the requirements of this Article, which permits construction in a manner otherwise prohibited by this Article where specific enforcement would result in unnecessary hardship. (72) Violation means the failure of a structure or other development to be fully compliant with this Article. A structure or other development without the elevation, other certification, or other evidence of compliance required in this Article is presumed to be in violation until such time as that documentation is provided. (73) Watercourse means a lake,river,creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (74) X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones(C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent. (75) Zone means a geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area. (76) Zone A (see definition for A zone). (77) Zone B,C,and X means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C). Section 21-12.03. General Provisions (1) Lands to Which This Floodplain Regulations Article Applies. This Article shall apply to all SFHAs and known flood prone areas within the jurisdiction of the City of South Bend, Indiana. (2) Basis for Establishing Regulatory Flood Data. This Article's protection standard is the regulatory flood. The best available regulatory flood data is set forth as follows: (A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the City of South Bend, Indiana shall be as delineated on the one-percent annual chance flood profiles in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas dated January 6, 2011 and the corresponding Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (B) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the City of South Bend, Indiana, delineated as an "A Zone" on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions,prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered,this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. (C) In the absence of a published FEMA map, or absence of identification on a FEMA map,the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. (D) Upon issuance of a Letter of Final Determination(LFD), any more restrictive data in the new(not yet effective)mapping/study shall be utilized for permitting and construction(development)purposes,replacing all previously effective less restrictive flood hazard data provided by FEMA. (3) Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required in conformance with the provisions of this Article prior to the commencement of any development activities in areas of special flood hazard. (4) Compliance. No structure shall hereafter be located,extended, converted or structurally altered within the SFHA without full compliance with the terms of this Article and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this Article and other applicable regulations. (5) Abrogation and Greater Restrictions. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (6) Discrepancy between Mapped Floodplain and Actual Ground Elevations. (A) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern. (B) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly. (C) If the elevation (natural grade)of the site in question is above the base flood elevation and not located within the floodway,that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA. (7) Interpretation. In the interpretation and application of this Article all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and, (C) Deemed neither to limit nor repeal any other powers granted under state statutes. (8) Warning and Disclaimer of Liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore,this Article does not create any liability on the part of the City of South Bend, Indiana,the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this Article or any administrative decision made lawfully thereunder. (9) Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this Article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Ordinance of the City of South Bend, Indiana. All violations shall be punishable by a fine(See Section 21-10 (h)Fines). (A) A separate offense shall be deemed to occur for each day the violation continues to exist. (B) The City of South Bend Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (C) Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Section 21-12.04. Administration (1) Designation of Administrator. The Common Council of the City of South Bend, Indiana hereby appoints the Zoning Administrator to administer and implement the provisions of this Article and is herein referred to as the Floodplain Administrator. (2) Permit Procedures. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include,but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures,earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required: (A) Application Stage i. A description of the proposed development; ii. Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams; iii. A legal description of the property site; iv. A site development plan showing existing and proposed development locations and existing and proposed land grades; v. Elevation of the top of the lowest floor(including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD; vi. Elevation(in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and vii. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See Section 21-12.04 (3) (F) for additional information). (B) Construction Stage. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill,it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor,as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. The Floodplain Administrator shall review the lowest floor elevation survey data submitted. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Any work undertaken prior to submission of the elevation certification shall be at the applicant's risk. (C) Finished Construction. Upon completion of construction,an elevation certification (FEMA Elevation Certificate Form 81-31 or any future updates) which depicts the"as-built"lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification(FEMA Floodproofing Certificate Form 81-65 or any future updates) is required to be submitted by the applicant to the Floodplain Administrator. (3) Duties and Responsibilities of the Floodplain Administrator The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this Article. The administrator is further authorized to render interpretations of this Article, which are consistent with its spirit and purpose. Duties and Responsibilities of the Floodplain Administrator shall include, but not be limited to: (A) Review all floodplain development pennits to assure that the permit requirements of this Article have been satisfied; (B) Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations; (C) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Section 21-12.05 (5) and Section 21-12.05 (7) (A) of this Article, and maintain a record of such authorization(either copy of actual permit or floodplain analysis/regulatory assessment); (D) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit (E) Maintain and track permit records involving additions and improvements to residences located in the floodway; (F) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA; (G) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation),federal permit documents, and"as- built"elevation and floodproofing data for all buildings constructed subject to this Article; (H) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions(PMR) issued by FEMA for the currently effective SFHA maps of the community; (I) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished; (J) Review certified plans and specifications for compliance; • (K) Verify and record the actual elevation of the lowest floor(including basement) of all new or substantially improved structures, in accordance with Section 21- 12.04 (2); (L) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Section 21- 12.04 (2); (M) Stop Work Orders i Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this Article shall immediately cease. ii Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. (N) Revocation of Permits i The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the Article, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. ii The Floodplain Administrator may revoke a permit upon determination by the floodplain administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this Article. Section 21-12.05. Provisions for Flood Hazard Reduction (1) General Standards In all SFHAs and known flood prone areas the following provisions are required: (A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; (C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG; (D) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage; (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG; (F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; (I) Any alteration,repair, reconstruction or improvements to a structure that is in compliance with the provisions of this Article shall meet the requirements of "new construction"as contained in this Article; (J) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of 1 to 1)due to the fill or structure. i. The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located; ii. Under certain circumstances,the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water,will not be subject to ponding when not inundated by flood water,and that it shall not be refilled; iii. The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water; iv. The fill or structure shall not obstruct a drainage way leading to the floodplain; v. The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water; vi. The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement; and, vii. Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction,the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article. (2) Specific Standards In all SFHAs, the following provisions are required: (A) In addition to the requirements of Section 21-12 .05 (1),all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: i. Construction or placement of any new structure having a floor area greater than 400 square feet; ii. Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure(excluding the value of the land); iii. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50%of the market value of the structure(excluding the value of the land) before damage occurred; iv. Installing a travel trailer or recreational vehicle on a site for more than 180 days; v. Installing a manufactured home on a new site or a new manufactured home on an existing site. This Article does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; vi. Reconstruction or repairs made to a repetitive loss structure; and vii. Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community's first floodplain ordinance. (B) Residential Structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement,at or above the FPG(two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21- 12.05 (2)(D). (C) Non-Residential Structures. New construction or substantial improvement of any commercial, industrial,or non-residential structure(or manufactured home) shall either have the lowest floor,including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21- 12.05 (2) (D). Structures located in all "A Zones"may be floodproofed in lieu of being elevated if done in accordance with the following: i. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG,the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise,hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the floodplain administrator as set forth in Section 21-12.04 (3) (L). ii. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (D) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must either meet the following minimum criteria: i. Provide a minimum of two openings located in a minimum of two exterior walls(having a total net area of not less than one square inch for every one square foot of enclosed area). ii. The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. iv. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door)or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area(stairway or elevator). v. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. vi. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade. vii. Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor(where the interior height of the enclosure exceeds 6 feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non- conversion agreement shall be recorded in the office of the St. Joseph County Recorder. (E) Structures Constructed on Fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following: i. The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file. ii. The fill shall extend 10 feet beyond the foundation of the structure before sloping below the BFE. iii. The fill shall be protected against erosion and scour during flooding by vegetative cover,riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. iv. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. v. The top of the lowest floor including basements shall be at or above the FPG. vi. Fill shall be composed of clean granular or earthen material. (F) Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements: i. These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage"as a result of a flood: a. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. b. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2) (D). c. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. ii. These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood: a. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. b. Fully enclosed areas formed by foundation and other exterior walls below the.FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2) (D). c. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. iii. Recreational vehicles placed on a site shall either: a. be on site for less than 180 days; b. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or c. meet the requirements for"manufactured homes"as stated earlier in this section. G. Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards: i. Shall not be used for human habitation. ii. Shall be constructed of flood resistant materials. iii. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters. iv. Shall be firmly anchored to prevent flotation. v. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG. vi. Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2)(D). H. Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement. (3) Standards for Subdivision Proposals. (A) All subdivision proposals shall be consistent with the need to minimize flood damage; (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development(including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or five (5)acres; (E) All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA; and (F) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders). (4) Critical Facility. Construction of new critical facilities shall be,to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible. (5) Standards for Identified Floodways. (A) Located within SFHAs, established in Section 21-12.03 (2)of this Article, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris,potential projectiles,and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications,to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14-28-1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful)residences in a non-boundary river floodway. (IC 14-28-1-26 allows construction of non-substantial additions/ improvements to residences in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade,prior approval for the fill is required from the Indiana Department of Natural Resources). (B) No action shall be taken by the Floodplain Administrator until a permit(when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local Floodplain Development Permit,provided the provisions contained in Section 21-12.05 of this Article have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations(if any)shall take precedence. (C) No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse affect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15)of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses. (D) For all projects involving channel modifications or fill (including levees)the City of South Bend, Indiana shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR § 65.12. (6) Standards for Identified Fringe. If the site is located in an identified fringe,then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Section 21-12.05 of this Article have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG. (7) Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringes. (A) Drainage area upstream of the site is greater than one square mile: i. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications,to the Indiana Department of Natural Resources for review and comment. ii. No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway or a floodplain analysis/regulatory assessment citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. iii. Once the Floodplain Administrator has received the proper permit for construction in a floodway(including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Section 21-12.05 of this Article have been met. (B) Drainage area upstream of the site is less than one square mile: (i) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site. (ii)Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21-12.05 of this Article have been met. (C) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than 0.14 of one foot and shall not increase flood damages or potential flood damages. (8) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet general standards as required per Section 21-12.05. Section 21-12.06. Variance Procedures (1) Designation of Variance and Appeals Board. The St. Joseph County Area Board of Zoning Appeals (ABZA) shall hear and decide appeals and requests for variances from requirements of this Article. (2) Duties of Variance and Appeals Board. The Board (ABZA) shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this Article. Any person aggrieved by the decision of the Board (ABZA) may appeal such decision to the St. Joseph County Circuit or Superior Court. (3) Variance Procedures. In passing upon such applications, the Board (ABZA) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Article, and: (A) The danger of life and property due to flooding or erosion damage; (B) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (C) The importance of the services provided by the proposed facility to the community; (D) The necessity of the facility to a waterfront location,where applicable; (E) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (F) The compatibility of the proposed use with existing and anticipated development; (G) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (H) The safety of access to the property in times of flood for ordinary and emergency vehicles; (I) The expected height, velocity,duration, rate of rise, and sediment of transport of the floodwaters at the site; and, (J) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (4) Conditions for Variances (A) Variances shall only be issued when there is: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; and, iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (B) No variance for a residential use within a floodway subject to Section 21-12.05 (5) or Section 21-12.05 (7) (A) of this Article may be granted. (C) Any variance granted in a floodway subject to Section 21-12.05 (5) or Section 21-12.05 (7) (A) of this Article will require a permit from the Indiana Department of Natural Resources. (D) Variances to the Provisions for Flood Hazard Reduction of Section 21-12.05 (2) of this Article,may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. (E) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard, to afford relief. (F) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation(see Section 21-12.06). (H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request(see Section 21-12.06). (5) Variance Notification. Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that: (A) The issuance of a variance to construct a structure below flood protection grade will result in increased premium rates for flood insurance up to amounts as high as$25 for$100 of insurance coverage; and; (B) Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the owner in the office of the St. Joseph County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (6) Historic Structure. Variances may be issued for the repair or rehabilitation of "historic structures"upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an"historic structure"and the variance is the minimum to preserve the historic character and design of the structure. (7) Special Conditions. Upon the consideration of the factors listed in Section 21- 12.06, and the purposes of this Article, the St. Joseph County Area Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article. Section 21-12.07. Severability. If any section, clause, sentence, or phrase of this Article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Article. SECTION III. This ordinance shall be in full force and effect on the earlier of December 16, 2015, after its passage by the Common Council and app • e Ma or. ap% Member, outh Bend Common Council Signing of this h. ligot?ytoprt an opportunity fa p_;; haat° and Council actica on this bate Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, 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 Filed 1 A w READING PUBLIC HEARING �� cJl 3rd READING _. NOT APPROVie CITY CLcr4�, REFERRED - °' ' ' `? .'u;Ita PASSED --+ LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 November 18, 2015 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: Bill# 70-15; Text Amendment: Replacement Floodplain Ordinance APC# 2761-15 Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition, in response to corrections required by the Department of Natural Resources: Ordinance: 1. There were several typographical and citation errors. These have been corrected. 2. In Section 154.293 (B) (2) Construction stage,the model ordinance provided two administrative options. The preferred option is now in place. This option was confirmed by Chuck Bulot, Floodplain Administrator and is the one that exist in the current ordinance. A Copy of the revised Substitute Ordinance is attached. If you have any further questions,please feel free to contact me at(574)235-9571. Sincerely, Larry. arryMagliozzi Filed in . cEce, 1 NOV I i N t e 2015 ' I JCFt:; CITYCLEF-1U,Lit..X2: i ,._, ,'id • SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA 8 ROSELAND WWW.STJOSE PH CO U N TV INC IA NA.COM/AREA PLAN r j \ pa , 7 ( - If ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007, AND SEWAGE WORKS REVENUE BONDS OF 2007B,EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28,000,000); APPROPRIATING MONEYS FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653); ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), presently owns and operates a sewage works by and through its Board of Public Works (the "Board") for the collection and treatment of sewage and other wastes (the "Sewage Works," "Works" or "works"), pursuant to the provisions of Indiana Code 36-9-23, as amended (the "Act"). The Common Council of the City (the "Common Council" or "Council") previously found in its Ordinance No. 9672-06 adopted by the Council on April 11, 2006, as amended by Ordinance No. 9767-07 adopted by the Council on June 25. 2007 (collectively, the "2006 Ordinance"), that certain improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2006 Bonds (as defined below) (the "2006 Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly the Indiana Department of Environmental Management ("IDEM"), and were approved by the aforesaid government authorities. The Council previously found pursuant to the 2006 Ordinance that certain additional improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2007 Bonds (as defined below) (the "2007 Project") and the 2007B Bonds (as defined below) (the "2007B Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly IDEM, and were approved by the aforesaid government authorities. Pursuant to the 2006 Ordinance, the City issued its (i) "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds"), now outstanding in the amount of $5,740,000, and having a final maturity of December 1, 2026, (ii) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds"), now outstanding in the amount of $12,320,000, and having a final maturity of December I, 2027; and (iii) "Sewage Works Revenue Bonds of 2007B" (the "2007B Bonds"), now outstanding in the amount of$12,280,000, and having a final maturity of December 1, 2027. The Council has determined, after being duly advised, that it is beneficial to refund each of the 2006 Bonds, 2007 Bonds and the 2007B Bonds (collectively, the "Refunded Bonds") to enable the City to obtain a reduction in interest payments and effect a savings to the City (the "Refunding") and hereby authorizes the same by issuance of the 2015 Bonds (as described herein) under the provisions of the Act. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2009" (the "2009 Bonds"), authorized by Ordinance No. 9951-09 adopted by the Council on August 10, 2009, as amended by Ordinance No. 9971-09 adopted by the Council on October 26, 2009 (collectively, the "2009 Ordinance"), which are now outstanding in the amount of $2,592,825, and mature on December 1, 2028. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2010" (the "2010 Bonds"), authorized by Ordinance No. 10052-10 adopted by the Council on November 8, 2010 (the "2010 Ordinance"), which are now outstanding in the amount of $7,905,000, and mature on December 1, 2030. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2011" (the "2011 Bonds"), authorized by Ordinance No. 10118-11 adopted by the Council on September 12, 2011 (the "2011 Ordinance"), which are now outstanding in the amount of $19,040,000, and mature on December I, 2031. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2012" (the "2012 Bonds"), authorized by Ordinance No. 10189-12 adopted by the Council on October 8, 2012 (the "2012 Ordinance"), which are now outstanding in the amount of $22,965,000, and mature on December 31, 2032. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Refunding Revenue Bonds of 2013" (the "2013 Bonds" and with the 2009 Bonds, 2010 Bonds, 2011 Bonds, and the 2012 Bonds, the "Prior Bonds"), authorized by Ordinance No. 10226-13 adopted by the Council on April 8, 2013 (the "2013 Ordinance" and with the 2009 Ordinance, the 2010 Ordinance, the 2011 Ordinance, and the 2012 Ordinance, the "Prior Ordinances"), which are now outstanding in the amount of$11,855,000, and mature on December 1, 2024. The Prior Bonds constitute a first charge upon the Net Revenues(as hereinafter defined). - 2 - The Prior Ordinances permit the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for the purpose of financing the complete or partial refunding of any of the Prior Bonds, so long as certain conditions are met. Crowe Horwath LLP, Financial Advisor to the City (the "Financial Advisor"), has been employed by the Board for the purpose of analyzing the records and finances of the Sewage Works, and has submitted preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds payable out of the revenues of the Sewage Works and ranking on a parity with the Prior Bonds. The remaining portion of the cost of the Refunding shall be paid through an additional appropriation from the Reserve Account (defined herein) (City's Fund No. 653). The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the "BANs"), and to authorize the refunding of said BANs, if issued. The Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANs have been complied with in accordance with the applicable provisions of the Act. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Refunding the 2006 Bonds, 2007 Bonds and 2007B Bonds. The Council hereby determines, after being duly advised, that it is beneficial to refund the Refunded Bonds to enable the City to obtain a reduction in interest payments and effect a savings to the City. The City may proceed with the Refunding, the costs of which are not expected to exceed $250,000, without further authorization from the Council. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's sewage works utility. The 2006 Project, 2007 Project and 2007B Project have all been constructed in accordance with the plans and specifications heretofore mentioned, which plans and specifications have previously been approved. A portion of the cost of the Refunding will be paid with the proceeds of the 2015 Bonds to be issued pursuant to the provisions of this Ordinance and the Act. The City may also use other legally available funds on hand to pay for the remainder of the cost of the Refunding, including the Additional Appropriation (defined herein). SECTION 2. Authorization of Obligations. (a) The City shall issue its "Sewage Works Refunding Revenue Bonds of 2015" or such other designation as the Executive (as defined below) or the Fiscal Officer (as defined below) shall determine at the time of issuance of any series of bonds (the "2015 Bonds"), in one or more series (as designated by the City, a "Series"), in an original principal amount not to exceed Twenty-Eight Million Dollars ($28,000,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Refunding, and all incidental expenses incurred in connection therewith (all of which are deemed to be a part of the Refunding), and the costs of selling and issuing the 2015 Bonds. The - 3 - City reasonably expects to reimburse expenditures for the Refunding with the proceeds of the 2015 Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1.150-2(e) and Indiana Code 5-1-14-6(c). The 2015 Bonds shall rank on parity for all purposes with the Prior Bonds. The 2015 Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, or if issued as a private placement in denominations of $100,000 with integral multiples of$1,000 thereafter, numbered consecutively from 1 upward, and dated the date of delivery. The 2015 Bonds shall bear interest at a rate or rates not exceeding three percent (3.00%) per annum, and interest shall be payable semiannually on June 1 and December 1 in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication. Interest on the BANs and the 2015 Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. The 2015 Bonds shall mature on December 1 of each year beginning in the year and in such amounts as is deemed appropriate by the Executive and the Fiscal Officer, with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication, and over a period ending not later than December 1, 2027. All or a portion of the 2015 Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described . above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall he deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2015 Bonds, relative to the form of 2015 Bonds contained in this Ordinance, to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANs for the purpose of procuring interim financing for the Refunding. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. SECTION 3. Pledge of Net Revenues; Payment of Principal and Interest. The 2015 Bonds and any bonds ranking on a parity therewith, as to principal, premium and interest, shall be payable from and are hereby secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues, herein defined as the gross revenues of the Sewage Works after deduction only for payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes (the "Net Revenues") of the Sewage Works of the City, which bonds constitute a first charge on said Net Revenues. The City shall not be obligated to pay said bonds or the interest or premium, if any, thereon except from the Net - 4 - Revenues of the Works, and said bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. All payments of interest on the 2015 Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar(the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of$1,000,000 or more in principal amount of 2015 Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the 2015 Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of$1,000,000 or more in principal amount of 2015 Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on 2015 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2015 Bonds are authenticated after the Record Date for an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2015 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2015 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2015 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2015 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2015 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity - 5 - satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof The City and the Registrar may charge the owner of such 2015 Bond with their reasonable fees and expenses in this connection. Any 2015 Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2015 Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2015 Bonds issued hereunder. SECTION 5. Registrar and Paying Agent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2015 Bonds (together with any successor, the "Registrar" or"Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2015 Bonds, and shall keep and maintain the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services it provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2015 Bonds as fiscal agency charges. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2015 Bonds then outstanding,and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2015 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2015 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the 2015 Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANs, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Redemption. The 2015 Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2015 Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2015 Bonds redeemed, provided, however, - 6 - that failure to give such notice by mailing, or any defect therein, with respect to any 2015 Bond shall not affect the validity of any proceedings for the redemption of any other 2015 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2015 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2015 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2015 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All 2015 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2015 Bond without charge to the holder thereof. No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2015 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2015 Bond or portion thereof called for redemption until such 2015 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANs are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANs, without any premium. SECTION 7. Execution and Negotiability. The 2015 Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk,who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2015 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2015 Bonds shall also be authenticated by the manual signature of the Registrar, and no 2015 Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2015 Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. SECTION 8. Authorization for Book-Entry System. The 2015 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. • - 7 - One definitive 2015 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2015 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2015 Bonds. During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2015 Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2015 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2015 Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest and premium, if any, on such 2015 Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 1 7A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2015 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2015 Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2015 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2015 Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2015 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2015 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2015 Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2015 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2015 Bonds and to transfer the ownership of each of the 2015 Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2015 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2015 Bonds, shall be paid by the City. During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2015 Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice,direction or demand of a registered owner of a 2015 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2015 Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described in this Ordinance. - 8 - During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2015 Bonds are held in book-entry form, the provisions of Section 8 of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. SECTION 9. Form of 2015 Bonds. The form and tenor of the 2015 Bonds shall be substantially as set forth in Appendix A hereto, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof. SECTION 10. Sale of Bonds. (a) The Fiscal Officer is authorized to negotiate the sale of the 2015 Bonds at an interest rate or rates not exceeding three percent (3.00%) per annum. The Executive and the Fiscal Officer are hereby authorized to (i) execute a purchase agreement with the purchaser, and (ii) sell such 2015 Bonds upon such terms as are acceptable to the Executive and the Fiscal Officer consistent with the terms of this Ordinance. The final form of the purchase contract shall be determined by the Executive and Fiscal Officer, upon advice of the City's Bond Counsel and Financial Advisor and the Executive and Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. (b) The Fiscal Officer is hereby authorized to appoint one or more financial institutions to serve as Escrow Trustee (each an "Escrow Trustee") for the Refunded Bonds in accordance with the terms of one or more escrow agreements to be entered into between the City and the Escrow Trustee (collectively, the "Escrow Agreement"). The Executive and the Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. (c) The execution, by either the Executive, Fiscal Officer, or the purchaser, of a subscription for investments of proceeds of the 2015 Bonds to be held under the Escrow Agreement in a manner consistent with this Ordinance is hereby approved. (d) Distribution of an Official Statement (Preliminary and Final), if necessary, when and if prepared by the Financial Advisor, on behalf of the City, is hereby authorized and approved, and the Executive is authorized and directed to execute the Official Statement on behalf of the City in a form consistent with this Ordinance. The Executive or the Fiscal Officer is authorized to deem the Preliminary Official Statement as "final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission. - 9 - (e) After the 2015 Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2015 Bonds and shall provide for delivery of the 2015 Bonds to the purchasers. (f) The 2015 Bonds, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2015 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (g) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2015 Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. (h) In order to assist any underwriter of the 2015 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2015 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2015 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The execution and delivery by the City of the continuing disclosure contract, and the performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof. (i) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2015 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2015 Bonds or to cause a copy of said legal opinion to be printed on each 2015 Bond. The cost of such opinion shall be paid out of the proceeds of the 2015 Bonds. 0) In connection with the sale of the 2015 Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2015 Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 11. Use of Proceeds. The accrued interest received at the time of delivery of the 2015 Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2015 Bonds on the first interest payment date. An amount of proceeds from the sale of the 2015 - 10 - Bonds may be deposited to the 2015 Subaccount, if any, of the Reserve Account, for the 2015 Bonds and applied as described below as determined by the Fiscal Officer. An amount of proceeds from the sale of the 2015 Bonds equal to the estimated costs of issuance of the 2015 Bonds and other fees and charges associated with the issuance of the 2015 Bonds, including the premium for any bond insurance obtained for the 2015 Bonds, shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2015 Costs of Issuance Fund" (the "Costs of Issuance Fund"). The proceeds deposited in the Costs of Issuance Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of issuance of the 2015 Bonds and other fees and charges associated with the issuance of the 2015 Bonds, including the premium for any bond insurance obtained for the 2015 Bonds. The remaining proceeds from the sale of the 2015 Bonds shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2015 Refunding Fund" (the "Refunding Fund"). The proceeds deposited in the Refunding Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Refunding. SECTION 12. Revenue Fund. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in the Sewage Works Revenue Fund (the "Revenue Fund"), as set forth in the Prior Ordinances and continued hereby, and such revenues shall be segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. SECTION 13. Operation and Maintenance Fund. On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operations and Maintenance Fund (the "Operations Fund"), as set forth in the Prior Ordinances and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day-to-day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. - 11 - SECTION 14. Sewage Works Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund (the "Sinking Fund") previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account (the "Bond and Interest Account") and the Reserve Account (the "Reserve Account") previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one-sixth (1/6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one-twelfth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the 2015 Bonds. There shall similarly be credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. (c) Reserve Account. (i) For purposes of this Section 14(c), the term "Bonds" means the 2015 Bonds issued hereunder and any and all bonds ranking on a parity with the 2015 Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City and (ii) which are payable from the Net Revenues of the Sewage Works. (ii) The Reserve Account (excluding any subaccounts established for any of the Bonds (each, a "Subaccount", and collectively, the "Subaccounts")) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (excluding any Bonds for which a Subaccount was established), and the moneys in the Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any Bonds for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. - 12 - (iii) The City may, upon the issuance of the 2015 Bonds, establish within the Reserve Account a subaccount for the 2015 Bonds ("2015 Subaccount"). The 2015 Subaccount shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2015 Bonds, and the moneys in such 2015 Subaccount shall be used to pay current principal and interest on the 2015 Bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (iv) No amounts in the 2015 Subaccount shall be available to pay any principal of or interest or redemption premium, if any, on any Bonds, except the 2015 Bonds. (v) The balance to be maintained in the 2015 Subaccount shall equal but not exceed an amount (the "Reserve Requirement") equal to the least of (i) the maximum annual debt service on the 2015 Bonds, (ii) one hundred twenty-five percent (125%) of average annual debt service on the 2015 Bonds, or (iii) ten percent (10%) of the proceeds of the 2015 Bonds. (vi) If the 2015 Subaccount is established, and the initial deposit into • the 2015 Subaccount does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the 2015 Subaccount on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five(5) years of the date of delivery of the 2015 Bonds. (vii) Any deficiency in the balance maintained in the 2015 Subaccount shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the 2015 Subaccount in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund (as described herein) or be used for the purchase of outstanding bonds or installments of principal of fully registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. (viii) As an alternative to holding cash funds in the 2015 Subaccount, the City, with the advice of the Financial Advisor and the City's bond counsel, may satisfy all or any part of its obligation to maintain any amount in the 2015 Subaccount by depositing a Credit Facility (as defined below) therein, provided that such deposit does not adversely affect any then existing rating on the 2015 Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. As long as any such Credit Facility is in full force and effect, any valuation of the 2015 Subaccount shall treat the maximum amount available under such Credit Facility as its value. To the extent that any 2015 Bonds are insured, and the Credit Facility is not being provided by the insurer of such 2015 Bonds, such insurance policy shall be subject to the insurer's prior written consent. The Mayor and the Controller are hereby authorized to obtain such a Credit Facility for each series of 2015 Bonds being sold, and - 13 - are authorized to enter into any agreements with such Credit Facility provider that they deem necessary with the advice of the Financial Advisor. (ix) Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. SECTION 15. Sewage Works Improvement Fund. On the first day of each calendar month after the 2015 Bonds are issued, after meeting the requirements for operation, repair, and maintenance and the Sinking Fund, all available net revenues shall be credited to the Sewage Works Improvement Fund as set forth in the Prior Ordinances and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sinking Fund. SECTION 16. Investment of Funds. The moneys in any of such funds or accounts shall be invested in accordance with the laws of the State of Indiana relating to the depositing, holding, securing or investing of public funds, and in accordance with the arbitrage certificate delivered at the time of delivery of any bonds payable from such funds and accounts. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges and from the investment of moneys in the funds herein created shall be segregated and kept separate and apart from all other funds and accounts of the City. No moneys derived from the revenues of the Sewage Works (including investment income) shall be transferred to the general fund of the City or be used for any purpose not connected with the Sewage Works if such transfer or use would interfere with the flow of funds set forth herein. Investment income from such funds and accounts shall, except as otherwise provided herein, be treated as revenues of the Sewage Works, and shall be used as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2015 Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. SECTION 18. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the - 14 - services rendered by said Sewage Works, to be paid by the owner of each and every lot,parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 2015 Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the 2015 Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. SECTION 19. Defeasance. If, when the 2015 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2015 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2015 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of (including obligations issued or held in book- entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2015 Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. SECTION 20. Additional Bonds. The City reserves the right to authorize and issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with the 2015 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works or to provide for a complete or partial refunding of the 2015 Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required deposits to the Sinking Fund shall have been made in accordance with the provisions of this Ordinance. (c) The Net Revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2015 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal - 15 - requirements of the then outstanding 2015 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for said year equal to not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2015 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or independent financial advisor employed by the City for that purpose. (d) The principal of the additional parity bonds shall be payable annually on December 1 and the interest shall be payable semiannually on June 1 and December I during the periods in which principal and interest are payable. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the holders of the 2015 Bonds, it is specifically provided as follows: (a) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2015 Bonds are outstanding, the City shall maintain insurance on the insurable parts of the Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. In addition to or in lieu of the foregoing, the City may provide for coverage on all or part of the Works comparable to that described above through a self-insurance program. Insurance proceeds shall be used in replacing or repairing the property destroyed or damaged; or if not used for that purpose shall be treated and applied as Net Revenues of the Works. (c) So long as any of the 2015 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works. (d) So long as any Prior Bonds are held by the Indiana Finance Authority (the "Authority") and remain outstanding: (i) the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works, without the prior written consent of the Authority, and (ii) the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (e) Except as provided in Section 20 hereof, so long as any of the 2015 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of - 16 - the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2015 Bonds, unless all of the 2015 Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations. (0 The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (g) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2015 Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. (h) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2015 Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2015 Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2015 Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of the 2015 Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in tins Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2015 Bond or an advancement of the earliest redemption date on any 2015 Bond; or (b) A reduction in the principal amount of any 2015 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priority of any 2015 Bond or 2015 Bonds over any other 2015 Bond or 2015 Bonds; or - 17 - (e) A reduction in the aggregate principal amount of the 2015 Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2015 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2015 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2015 Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal amount of the 2015 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2015 Bonds, whether or not such owners shall have consented thereto. No owner of any 2015 Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City or its officers from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2015 Bonds then outstanding, shall thereafter be determined exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2015 Bonds, and the terms and provisions of the 2015 Bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the 2015 Bonds then outstanding. SECTION 23. Amendments Without Consent of Bondholders. Without notice to or consent of the owners of the 2015 Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof(which supplemental ordinances shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or - 18 - • (b) to grant to or confer upon the owners of the 2015 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2015 Bonds; or (c) to procure a rating on the 2015 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the 2015 Bonds; or (d) to make any other change which is not to the prejudice of the owners of the 2015 Bonds; or (e) to provide for the refunding or advance refunding of the 2015 Bonds. SECTION 24. Tax Matters. In order to preserve the exclusion of interest on the 2015 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2015 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2015 Bonds or property financed by the 2015 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2015 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2015 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2015 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non-governmental person in any manner that would in substance constitute a loan of the 2015 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2015 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2015 Bonds pursuant to Section 103 of the Code, and the regulations thereunder as applicable to the 2015 Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2015 Bond proceeds or other monies treated as 2015 Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts notwithstanding anything else to the contrary herein, in trust for such purposes. (d) The City will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2015 Bond is outstanding hereunder which would cause any 2015 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the 2015 Bonds. - 19 - Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Sections") which arc designed to preserve the exclusion of interest on the 2015 Bonds from gross income under federal law (the "Tax Exemption") need not be complied with to the extent the City receives an opinion of nationally recognized bond counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. SECTION 25. Issuance of BANs; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2015 Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2015 Bonds (defined herein as the "BANs"). This Council hereby authorizes the issuance and sale of the BANs pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Fourteen Million Nine Hundred Thousand Dollars ($14,900,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANs, and the BANs also may fund capitalized interest thereon. The designation of the BANs shall be "City of South Bend, Indiana Sewage Works Bond Anticipation Note of 20_". The BANs shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000), or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to time, over a period not exceeding five (5) years from the date of the original issuance of the BANs, in accord with I.C. §5-1.1-5, shall be prepayable on twenty-one (21) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding five percent (5%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANs shall be payable at maturity. It shall not be necessary for the City to repeat the procedures for the issuance of the 2015 Bonds as the procedures followed before the issuance of the BANs are for all purposes sufficient to authorize the issuance of the 2015 Bonds and to use proceeds thereof to repay the BANs. The principal of the BANs herein authorized is payable solely from proceeds received from the sale of the 2015 Bonds, and the interest thereon may be paid from such proceeds or from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2015 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANs. The Executive is hereby authorized to determine the form of the BANs and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. The City may receive payment for the BANs in installments. Proceeds received from the sale of the BANs shall be deposited in the funds set forth in Section 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. In any case any officer whose signature or a facsimile signature appears on the BANs shall cease to be such officer - 20 - before delivery of the BANs, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANs by the Executive and attestation thereof by the City Clerk, the BANs shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANs provided by the Code. In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANs in the same manner as they apply to the 2015 Bonds. The BANs shall be subject to transfer or exchange in the same manner as the 2015 Bonds, as described in Section 4 of this Ordinance, and to amendment in the same manner as the 2015 Bonds, as described in Sections 22 and 23 of this Ordinance. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANs in such form or substance as they shall approve. As an alternative to any terms of the BANs set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Refunding or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the Works are set forth or described in Ordinance No. 10290-14 adopted by the Council on February 10, 2014. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. SECTION 27. Non-Business Days. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 2015 Bonds are in compliance with the Prior Ordinances. The Prior Ordinances shall remain in full force and effect. All ordinances and resolutions and parts thereof in conflict herewith, except the Prior Ordinances, are to the extent of such conflict hereby repealed. None of the provisions of this Ordinance shall be construed to adversely affect the rights of the owners of any bonds ranking on parity with the 2015 Bonds. - 21 - SECTION 29. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 30. Interpretation. Unless the context or laws clearly require otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 31. Effectiveness. This Ordinance shall be in full force and effect from and after its passage and compliance with the procedures required by law. SECTION 32. Credit Facility. The Executive and the Fiscal Officer, on behalf of the City, are hereby authorized to obtain a Credit Facility as set forth in Section 14 herein. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to enter into an agreement with the Credit Facility Issuer for the Credit Facility (the "Credit Facility Agreement") and negotiate the terms of the Credit Facility Agreement, with the advice of the City's financial advisor and nationally recognized bond counsel. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to execute any and all other documents required to obtain the Credit Facility. The City hereby agrees that: (a) If the sewage works fails to pay any Credit Facility Costs in accordance with the requirements set forth above, the Credit Facility Issuer shall be entitled to exercise any and all remedies available at law or under the authorized documents other than (i) acceleration of the maturity of the 2015 Bonds or (ii) remedies which would adversely affect the owners of the 2015 Bonds. (b) This Ordinance shall not be discharged and the 2015 Bonds defeased until all Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2015 Bonds) in all revenues and collateral pledged as security for the 2015 Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's sewage works at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to pay debt service on the 2015 Bonds and bonds ranking on - 22 - parity with the 2015 Bonds when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2015 Bonds and any such parity bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2015 Bonds and any such parity bonds, including interest on any past due principal of any 2015 Bond or such parity bonds at the rate borne by such 2015 Bond or such parity bonds, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2015 Bonds or bonds ranking on parity with the 2015 Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2015 Bonds and such parity bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 34. Additional Appropriation. In order to provide a portion of the financing for the Refunding that will not be paid for from the proceeds of the 2015 Bonds, the Council hereby makes an additional appropriation in an amount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) from the Reserve Account (City Fund No. 653) (the "Additional Appropriation"), which sum shall be transferred to the Refunding Fund to pay for the remainder of the costs of the Refunding. SECTION 35. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. - 23 - SECTION 36. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the May. lift Member o -e ommon Council Attest: Signing of this bill is only to provide an opportlfy for public banana and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at_o'clock .in. Mayor, City of South Bend, Indiana Filer. '' '-'ct Office I1 q NC,' ` 4 : .15 R it READING \_lF PUBLIC HEARING dl. 3rd READING CITY CLEIi:.. '_ —h NOT APPROVED REFERRED - 24 - PASSED APPENDIX A FORM OF 2015 BOND R- UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REVENUE REFUNDING BOND OF 20[_] Interest Maturity Original Authentication Rate Date Date Date CUSIP No. , 20 , 2013 , 2013 REGISTERED OWNER: PRINCIPAL SUM: Dollars ($ The City of South Bend, in St. Joseph, County, State of Indiana (the "City'), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before 20 , in which case it shall bear interest from the Original Date, which interest is payable semiannually on June 1 and December 1 of each year, beginning on 1, 20 . Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. [The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in • Indiana.] All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. Each Registered Owner of $1,000,000 or A-1 more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of$1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. THIS BOND SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA, AND THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON EXCEPT FROM THE SPECIAL FUND, ENTITLED "SEWAGE WORKS SINKING FUND" AS DESCRIBED HEREIN, PROVIDED FROM THE NET REVENUES OF THE CITY'S SEWAGE WORKS UTILITY. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), numbered consecutively from 1 upward (the `Bonds"), issued for the purpose of providing funds to be applied to the cost of refunding the outstanding (i) City of South Bend, Indiana Sewage Works Revenue Bonds of 2006 (ii) City of South Bend, Indiana Sewage Works Revenue Bonds of 2007, and (iii) City of South Bend, Indiana Sewage Works Revenue Bonds of 2007B (collectively, the "Refunding"), to refund interim notes issued in anticipation of the Bonds, if any, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the_ day of , 2015, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Refunding of Outstanding Sewage Works Revenue Bonds of 2006, Sewage Works Revenue Bonds of 2007, and Sewage Works Revenue Bonds of 2007B, Each Issued to Finance Construction of Improvements to the Municipal Sewage Works of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Twenty-Eight Million Dollars ($28,000,000); Appropriating Moneys from the Reserve Account for Such Bonds (#653); Addressing Other Matters Connected Therewith; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 36-9-23, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. A-2 Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on (i) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (Hi) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes). This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, maintained and collected such rates and charges for service rendered by said Sewage Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of said Sewage Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of(a) the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due and (b) the necessary fiscal agency charges for paying bonds. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer A-3 or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. This bond may be transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of$5,000 or any integral multiple thereof. [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County. Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: Mayor (SEAL) ATTEST Clerk A-4 REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative The following abbreviations, when used in the inscription of the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT Custodian (Cust.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $ principal amount (must be a multiple of $1,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. A-5 Dated: NOTICE: The Signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. in Clark's Offic. . DMSPPACCENDA 1+596160] - 4 2015_ crry A-6 SpU 1'H 1p, 1200N County-City Building tai\',v{iiii,7/,Vt. Phone 574/235-9216 227 W.Jefferson Blvd. i,:..,:;\ /k 2 TTY 579/235-5567 South Bend,Indiana 46601-1830 t E.w �rr'w,'csj a y d Fax 579/235-9928 r865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 4, 2015 Mr. Tim Scott President, South Bend Common Council 46 Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: 2015 Sewage Works Refunding Bond Ordinance Dear Council President Scott: The attached Bond Ordinance approves the refunding of all of the City's outstanding 2006, 2007 and 2007B Sewage Works Bonds. Piper Jaffray, the City's placement agent, anticipates a reduction in the current 4.45% average interest rate to approximately 2.25%. Per their preliminary analysis,this should create a gross interest cost savings of approximately$3 million and a net present value savings of approximately S1.7 million. Piper Jaffray also expects that the refunding bonds will be sold to a bank and that no debt service reserve for the bonds will be required. As such, funds in the City's existing common debt service reserve will be freed up to be used on the refunding. By applying the excess funds in the existing debt service reserve to the refunding,the Refunding Bonds may be structured with a final payment of December 1, 2025; a pay-off one year earlier than the December 1, 2026 final maturity of the 2006 Bonds and two years earlier than the existing December 1, 2027 final maturity of the 2007 bonds being refunded. This bill is submitted for 1st read filing with the Common Council for the council meeting on November 9,2015; 2"d reading,public hearing and 3rd reading at the council meeting on November 23, 2015. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. The City's bond counsel and financial advisor will also be available to answer questions regarding this ordinance. Respectively submitted, (-)4 \ 1 Fit::--'? • . - iclit Jo . Murphy City Controller '. i -.1',I - 4 Cif k g i I Cr'cli- - -----�i i1E.— it� e 6-tut P f-- 1 a° RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (SHELLBARK ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.17 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 50% contiguous, generally located northwest of Shellbark Avenue and Cleveland Road. It is anticipated that the annexation area will be used for a retention basin to provide drainage for an adjacent medical office facility; and WHEREAS, this development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana be annexed to the City of South Bend: A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot #89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the existing public water main and sanitary sewer system are sufficient to service the planned development of the annexation area and any lateral extensions or improvements in water and/or sewer capacity shall be done at the developer's expense in compliance with Indiana law and local rules and regulations; that no additional street lighting is necessary; and that no new roads or streets will be required. Section IV. This Resolution shall be effective from and of the date of adoption by the Common Council. Tvlem ier, South Bend Common Council M; 1 r 2015 PstseNTE�s . Signing of this is only to provide an l opportunity for public hearing and NOT APPROV 3 crriv CLE C z C su• 6 Council action O1 M A �... .....___......_...._._.._._..� e.�,;, AQOPTO '°`------°-° Exhibit "A" THE CITY OF SOUTH BEND FISCAL PLAN SHELLBARK ANNEXATION AREA Prepared by City of South Bend Department of Community Investment 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 October 13, 2015 She!Mark Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION 3 SECTION II. GENERAL DATA 3 A. Location B. Legal Description C. Contiguity • D. Size of Annexation Area E. Buildings and Land Use F. Zoning&Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership &Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES 6 A. Public Works B. Police Department C. Fire Department& EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA 11 SECTION V. FISCAL IMPACT 12 Fiscal Impact:TABLE 1 SECTION VI. APPROVAL 13 Legal Description 14 Map: MAP 1 15 Shellbark Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in German Township, St. Joseph County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located west of Shellbark Avenue, about 350 feet north of Cleveland Road (westernmost 80.58 feet property at 52933 Shellbark Avenue). See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, in German Township, St. Joseph County, Indiana. For a complete legal description, see Page 14. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 173.58 feet 50.0% Non-Contiguous 173.58 feet 50.0% Total 347.16 feet 100% D. Size of Annexation Area The Annexation Area is approximately 0.17 acres in area. Shellbark Annexation Area 4 E. Buildings and Land Use The Annexation Area contains vacant single-family residential land. The land is proposed to be used for a retention basin providing drainage for an adjacent medical office facility. F. Zoning&Subdivisions The portion of the one property in the Annexation Area is currently zoned "R" Single Family District in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the land to "CB" Community Business District in the City. The Annexation Area is subdivided within Lilac Acres. The petitioner plans to subdivide the Annexation Area from its current parcel and combine it with the adjoining medical office properties into a single large lot, all within the City. G. Population Zero (0) people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate& Impact The tax rates used are those of 2014 payable 2015. The total tax rate for unincorporated German Township is 2.6971 per$100 of taxable real estate. The total tax rate for South Bend German Township is 5.9591 per$100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on Shellbark Annexation Area 5 the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. I. Parcel Ownership &Assessments Parcel Assessed Identification Address Parcel Owner Value Number (Total) 04-1050-1221 52933 Shellbark Avenue Beacon Health System, Inc. $ 93,200 Total Assessments Land: $11,500 Improvements: $81,700 Total (Gross): $93,200 Total (Net): $93,200 Assessments are based on 2015 payable 2016 St. Joseph County property tax records. Only the westernmost 80.58 feet of this parcel, which contains no taxable improvements, is proposed for annexation. The estimated assessed value of the Annexation Area is $2,300. J. Municipal Legislative District The Annexation Area will be in the 1st District. K. Hiring Plan It is not anticipated that this annexation will result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this proposed annexation. Shellbark Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A 21"-diameter sanitary sewer pipe runs on Cleveland Road, at the southern boundary of the larger development site. This pipe has adequate capacity for the Annexation Area and for any potential northward extensions on Lynnewood Avenue for future customers. No additional expenditures will be needed to extend sanitary sewer facilities. Development of the site, including the Annexation Area, will be done per approved grading and drainage plans. Water-The South Bend Water Works currently has a 12" water main on the north side of Cleveland Road from Riverside Drive to Portage Avenue. This water main will provide adequate service to the Annexation Area from parcels fronting on Cleveland Road. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No additional street lighting will be necessary within the Annexation Area. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect • for this area. Streets - No new public streets are proposed as part of this annexation. No public capital expenditures to extend sweeping or snow removal service are anticipated. 2014 Actual Budget Report for the Department: Expenditures: $14,384,741 Miles of Roadway in City: @512.7 Cost per Mile: @$28,057 New Mileage within Area: @0.00 miles (0 feet) Estimated Maintenance Cost for Annexation Area per year: @$0 Shellbark Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 22. Police patrols, traffic enforcement, and emergency responses will be part of the services.the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time within the beat. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2014 Actual Budget Report for the Department: Expenditures (including pension cost): $38,343,234 Number of Households in City(2010): @39,760 Cost per Household: @$964 Number of Parcels in City(2015): @48,290 Cost per Parcel: @$794 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 0.2 Cost for Annexation Area per year: $159 (0.2 parcels x $794/ parcel) Shellbark Annexation Area 8 C. Fire Department Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #11, located at 3505 N. Bendix Drive, approximately 0.7 miles away. Approximate response time for a non- emergency call is three minutes. Additional Fire Department units would respond from Fire Station #7 at 1616 Portage Avenue, which is approximately 2.4 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #11, which is at Fire Station #11, located at 3505 N. Bendix Drive (approximately 0.7 miles away), and Medic#4, which is at Fire Station #4, located at 220 N. Olive Street (approximately 3.8 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2014 Actual Budget Report for the Department: Expenditures (including pension cost): $35,825,136 Number of Households in City (2010): @39,760 Cost per Household: @$901 • Number of Parcels in City(2015): @48,290 Cost per Parcel: @$742 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 0.2 Cost for Annexation Area per year: $148 (0.2 parcels x $742/ parcel) D. Code Enforcement The Annexation Area will be added to Area 4. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the annexation. Full Shellbark Annexation Area 9 and dedicated response will be in place within one year of the effective date of the annexation. 2014 Actual Budget Report for the Department: Expenditures: $2,146,654 Number of Parcels in City(2014): @48,290 Cost per Parcel: @$45 Proposed Number of Parcels in Area: 0.2 Cost for Annexation Area per year: $9 (0.2 parcels x$45/ parcel) E. Environmental Services Wastewater Treatment-Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Solid waste service is not required for this Annexation Area, and larger scale industrial, commercial, and apartment customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers at$12 per month, or the prevailing rate at that time, for a 96 gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St.Joseph County Health Department,the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Shellbark Annexation Area 10 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add to the City of South Bend a small area of vacant land that will be incorporated into the development of a medical office facility. The Annexation Area will be used for a retention basin. The Annexation Area is presently zoned "R" Single Family District in unincorporated St. Joseph County. Single-family homes zoned "R" Single Family District in unincorporated St. Joseph County are located to the north and east. To the south and west are parcels under development zoned "CB" Community Business District in the City. The Annexation Area is located just off of Cleveland Road, east of Portage Avenue. Cleveland Road has strong levels of regional accessibility and hosts a mix of commercial, office, and civic uses in this area. The petitioner proposes to use the land in the Annexation Area to build a retention basin that will provide drainage for a medical office facility currently under development along Cleveland Road on land already within the South Bend city limits. This larger site should be adequately screened from the adjoining residential areas, primarily to the north. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Shellbark Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2)The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5)All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2014 payable 2015 tax information, taxes paid in previous years by comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Shellbark Annexation Area 12 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non-Capital Notes 5-Year Total (Est.) Per Year (Est.) Street Construction $0 $0 Connection at Sewer Extension $0 petitioner's $0 expense Connection at Water Extension $0 petitioner's $0 expense Street Lights $0 $0 Street Maintenance $0 $0 $0 Police $0 $159 $795 Fire $0 $148 $740 Code $0 $9 $45 Approximate 5-Year Expenditures $1,580 Revenues Notes Total (Est.) 5-Year Total Year 1 $35 Year 2 $35 Property Taxes Year 3 $35 $175 (to City) Year 4 $35 Year5 $35 MVH/LRSA Estimated at revenue $0 $0 per mile of$19,600 Approximate 5-Year Revenues $175 Revenue estimate based on $2,300 net assessment and capped tax rate of 3%of$2,300 gross assessment for all years. The Annexation Area will be incorporated into a larger medical office development that is expected to create a net positive fiscal impact to the City. Shellbark Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2015. Shellbark Annexation Area 14 LEGAL DESCRIPTION A part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, which is described as: The West 80.58 feet more or less of Lot #89 as shown on the Proposed Plat of Lilac Acres Subdivision and being part. of Tax Key No. 04-1050-1221 as shown in the Records of the St. Joseph County, Indiana Auditor's Office. Containing 0.17 acres more or less. Shellbark Annexation Area 15 MAP 1 Shellbark Annexation Area 1_ =� � ) * J r!.5,. v e1 1 r•yz. E a T ---,■'201.41 ,,._•r:71,„.. ::.;.•,:•...„....sr. „....1.,:.?„.4.:.„.• ,.___, , 4- k`t- 4 R� "Z, i2 tr;t: Tom` `f "'. . e,5� ,�-.. ... - F Jabs i ;, _ x k 7 3.2,.`Y_ ..+ ":- r Y r at,ga y 3� a -is V .-,s',..?.:.. l s ' -i " '1 rGt �, ��� t Ii 0 125 250 500 ®City of South Bend -Shellbark Annexation Area Feet Prepared by City of South Bend Department of Community Investment September 12..2015 ._ I :v'; 10 2015 cinic.t..EY-t.J,....,t:'.... .:.i`-E IDs ifs. 500 TN g''•-. /04 227 W.JEFFERSON BOULEVARD 5F i ,+ PxoNE:574/235-9371 SUITE 1400 S. €v \"),:c1.1 /4 4 FAx:574/235-9021 SOUTH BEND,IN 46601-1830 A r: �`y a.' re,1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR November 10, 2015 Tim Scott, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in German Township (Shellbark Annexation Area) Dear President Scott: I am attaching for filing the above resolution, which is a companion to Bill No. 50-15. That bill proposes to voluntarily annex contiguous territory in German Township to the City of South Bend. This resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 0.17-acre annexation area contains a portion of one parcel on Shellbark Avenue, north of Cleveland Road. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the November 23, 2015, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning& Annexation Committee hearing, as the presenter. If you have any questions,please feel free to contact me at 235-5843. Thank you. Sincerely, /� % f' Filed Michael P. Divita Planner 1 Q zui5 cc: Janice Talboom, City Clerk's Office CITY CL.Erl ;,:8:09;i € :Ec D,IN I PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB CJ ll RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 635 S. Lafayette Blvd, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR RDistrict One, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 635 S. Lafayette Blvd., South Bend, IN 46601 and which is more particularly described as: LOT 1 RENAISSANCE MINOR SUB 16/17NP#7935 10-01-2015 LOT 3 RENAISSANCE MINOR SUB 16/17NP#7935 10-01-2015 and which has Key Number 018-3043-165409 and 018-3043-165402 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec., and South Bend Municipal Code Sections 2-76 et_sea., and; WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sue., and South Bend Municipal Code Sections 2-76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation;and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (10) ten years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of 2 this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council %gig Of lilt bin is only to PIFIVIde 8:1 opportunity for public !taring* and Council action on this issue. Office Filed in�V 18 Zu15 _._. uK :iir NOT APPRO. i 3 crrt''CLesin,4 O _N UEND,IN ;kDOPTI4 SOU9'H • "•.. • BFN 227 W.JEFFERSON BOULEVARD / '! PHONE:574/235-9371 SUITE 1400 S. ci����� ,,, o; FAx:574/235-9021 SOUTH BEND,IN 46601-1830 '"""V , 2,; ;ate.•'. N. 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR November 17, 2015 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: RDistrict One,LLC Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition for RDistrict One, LLC: > Department of Community Investment's summary report > Copy of the petition > Statement of Benefits form > Supporting information. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at$14,500,000. The project meets the qualifications for a (10)ten year real property tax abatement. A representative from RDistrict One, LLC will be available to meet with the Committee on Monday,November 23, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9339. Sincerely, rid€ `- h _ P Brock Zeeb Director Economic Resources (3 E n 1 16 O1 pp 6 ' E CITYCLEti: ,_ :e,:;t EN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: RDistrict One,LLC DATE: November 17, 2015 On Tuesday, November 17, 2015, a petition from RDistrict One, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 635 S.Lafayette Blvd,South Bend,IN 46601. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ RDistrict One will develop Buildings "112 and 113" on the former Studebaker Assembly site in partnership with Studebaker 84 LLC. This development will adaptively re-use approximately 220,000 sq.ft. of space for educational,innovative office,mechanical, and advanced manufacturing space. ➢ $14,500,000 investment in building improvements and fixtures ➢ Total project taxes during ten year abatement period—$3,192,715 ➢ Estimated taxes being abated during ten year abatement period—$933,691 ➢ Total taxes to be paid during ten year abatement period—$2,259,024 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create (20)twenty, full-time and zero (0)permanent,part-time jobs during the ten year abatement period,representing a new annual payroll of$800,800. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN RAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(10)ten-year real property tax abatement under section 2-84.2, Real Property Tax Abatement. Fired € ° c:i. Office- e LTI::r 16 zotS _ , 1 . 0 YEAR 17-Nov-15 RDistrict One, LLC South Bend Portage Township Real Property Tax Abatement Schedule` Tax Key Number 018-3043-165409;018-3043-165402 Current Assessed Value: 845,400 Estimated Project Cost: 14,500,000 Current Without 100% 95% 80% 65% 50% 40% 30% 20% 10% 5% Assessed Value' AV&TaK Abatement Year 1. Yeer2 Year 3 Year4 Year 5 YearS Year Year5 Year5 Year 5. Current Assessed Value 100% 845,400 845,400 845,400 845,400 845,400 845,400 845,400 845,400 845,400 845,400 845,400 845,400 Base Assessed Value 55% 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 7,975,000 Less Abatement Deduction 0 (7,975,000) (7,576,250) (6,380,000) (5,183,750) (3,987,500) (3,190,000) (2,392,500) (1,595,000) (797,500) (398,750) Net Assessed Value 845,400 8,820,400 845,400 1,244,150 2,440,400 3,836,650 4.832.900 5,630,400 6,427,900 7,225,400 8.022,900 8,421,650 Properly Taxes' Assume constant tax rate of 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% 5.4968% Gross Tax(tax rate x net assessed value) 46,470 484,841 46.470 68,389 134,144 199,900 265,655 309,493 353,330 397,167 441,004 462,922 Less Circuit Breaker Credit (15,869) (165,589) 0 0 0 0 0 (9,989) (48,884) (87,779) (126,674) (146,122) Net Tax 30601 319271 _ 46470 68389 134144 199900 265655 299503 304445 309387 __ 314329 318800 Circuit Breaker Cap Circuit Breaker 3.0000% 25,362 284,612 264,612 264,612 264,612 264,612 264,612 264,612 264,612 264,612 264,612 264,612 Debt Service 0.6197% 5,239 54,659 5,239 7,710 15,123 22,536 29,949 34,891 39,833 44,775 49,717 52,188 Circuit Braker Cap 30,601 31%271 269851 272.322 27%735 287,148 294,561 299,503 304445 309387 314.329 316800 New Combined Net Existing Project Existing 8 New Tax Tax Year Taxes Tim Taxes Abated Paid 1 30,601 288,671 319,271 272,801 46,470 2 30,601 288,671 319,271 250,883 68,389 3 30,601 288,671 319,271 185,127 134,144 4 30,601 288,671 319,271 119,372 199,900 5 30,601 288671 319,271 53,616 265,655 6 30,601 288,671 319,271 19,768 299,503 7 38601 288,671 319,271 14,826 304,445 8 30,601 288,871 319,271 9,884 309,387 9 30,601 288,671 319,271 4,942 314,329 10 30,601 288,671 319,271 2,471 316,800 Totals 306,009 2,886,706 3,192,714 933,691 2259,024 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. 4' I ' ` ' c _ , 1,r. a i rJ o ' lj < : 0 i City of South Bend s.,o, Petition for Incentives Petition must Include a$250 filing fee payable to the City Clerk's Office or online via the City's webslte at ~ , hrtp://southbendin.gov/government/content/tax-obatement before processing can be complete 's` General Information Project Name Project Number Legal name as registered with Secretary ot Roislrict One,LLC state Business structure limited Debility company partnership Company webslte Proposed Project Information Proposed project address 635 S.Lafayette Boulevard Parent company name Studebaker Building 84 LLC • City,State,Zip I South Bend,Indiana 46801 Legal owner Studebaker Building 84 LLC Site acreage or acreage required 10.41 acres is the real estate owned or Owned/Will be purchase mid constructir Square feet of facility 221,608 if leased by whom rimary Contact Information Primary company contact name MertyShrader Title CFO Address of company contact 7661 N.Perimeter Road,Suite 100 Phone 317-431-7941 pry,State,Zip Indianapolis,Indiana 46241 Email mshrader@paulkiteco.com Senior Official Information Company senior ofildalname Paul Kite Title Manager Address of company contact(If different from P.O.Box 853 Phone 317-590-1025 abtvel City,State,Zip z onsva,e,IN 46077 Email pkile @pauikiteco corn onsultant Information/Agent Hired business consultant/agent name Shown E.Peterson,Krieg DeVatdt,LLP Consultant release(Y/N) y Address 4101 Edison Lakes Parkway,Suite 100 Local economic development partners I approval CY/NI City,State,Zip Mishawaka,Indiana 46545 Email speterson @kdlegal.com •roject Overview Brief description of your RDistdct One will develop Buildings 112 and 113 on the former Studebaker Assembly site in partnership with Studebaker company,project,and why the 84 LLC. This development will adaptively re-use approximately 220,000 square feet of space for educational,Innovative property Is necessary for office,mechanical and advance manufacturing space as the first phase of the larger Renaissance District project. Due to economic growth the security,Infrastructure and scale of the project relative to the market,the first phase requires additional assistance during the initial lease-up stabilization and financing period. Certified Technology Park appropriate vo Community Revitalization Enhancement Yes District certify that the Building Permit has not teen Not issued Number of residential units created by None on first phase Issued IY/Nt If this Is a petition for personal property tax abatement,has No the equipment hero Installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What rs the value of any equipment being purchased In What Is the value of any equipment being site of project In dollars) received? Indiana for the project? purchased from out of state for the project? Nome Nenc New Project Investments Calendar Year 2014 2015 2016 2017 2018 2019 2020 2021 Land Acquisition S 0 Building Lease Payments 0 Building Purchase Costs s 0 New Building Construction g 0 Existing Building improvements S 14,500.000 New Machinery&Equipment g 0 5pedal Tooling/Retooling $0 New Furniture/Fixtures 5 2,675,000 • New Computer/IT Hardware $0 New Software S 0 ' 5U On-site Rail Infrastructure On-site Fiber Infrastructure S 257.750 TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Tote/hourly Cumulative C of net NEW full time Hourly average wage,w/o Total training Total R to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2014 65 � 2016 2016 iii 20,00 2017 18.50 2018 18.50 2019 2020 2021 2022 2023 2024 2025 Provide hourly wage information for new employees in the following positions. FuTI time Part time Laborers 10 Technical 3 Managerial 5 Administrative 2 •• o •e e n. .uairesponsm e or coor.sating t WnrkOne on retrultine? TOO Does your company have an EEO hiring policy? Are you an EEO employer? yes ;cs Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and Inclusion by detailing your outreach and recruitment efforts for the last Year :oknowrt three years as well as current policies. Full Time Part Time Full Time Part lime Full Time Part Time Our survey of prospective tenants did not include this information. Asian -_ Indian _-_-_- Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. qualify Please complete the table below with the appropriate information. If Earned Points Available Points (Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): _ A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors No rJ 19 D. Require Prevailing Wage(Davis Bacon) No 0 22 F. Require Health Benefits No 0 22 F. Require Pension Benefits No C! 18 G. Maintain Affirmative Action Plan "es 20 20 Sub-total Construction Related: 60 141 • 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 ISub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 118 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,Conservatory,museum,etc.) Yes 84 84 Name of Facility I ISub-total Municipal Facility: 84 84 _~ Sub-total from Above: 386 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,etsea.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: —!_ .. _ `'i_ ..1.,/, -- Date: - i / $13. 41104,40.41kift *`• v""tev--7'W"`Nk■-.444V '.fxr '., : What Is the current assessed value? Real Property: -5, Lice, Personal Property: 0 What Is the projected assessed value? Real Property: Personal Property: What Is the tax key number for thls project? lg-30q3- /6,6'7/09 .) 0/S.-304/3 -/d-s-ereca What Is the six digit NAICS code? Please ettath a(Soogle reap and street view of the location. Mad ied Please Ilst the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two .3&,6.0 1 Year Three , 5 / Year Four 32_, / Year Ftve 22 ,£ ? — — Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. fPoints Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs Yes 49 49 B. Develop Based on Local University Research Yes 35 35 C. Achieve a Physical Element of a Plan Yes 36 35 Sub-total Project Related: 120 120 Super Size Projects(point values are cumulative): A. 100%to 199% Yes 25 25 200%to 299% Yes 68 68 C. 300%to 399% Yes 65 65 D. 400%and Over Yes 52 52 Sub-total Super Size Projects: 210 210 7 Pay for Municipal Infrastructure: A. Pay for Overslzing or Upgrading 14 Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 0 I 131 Total from Applicant Section: 386 539 Total from Staff Section: 330 461 Total Public Benefit Points: 716 1000 Ii.k 7. V 1 8 2015 • Supplement to Petition for Incentives Frequently Asked Questions We are frequently asked to explain the following questions,in an effort to clarify we are providing answers below. 1)How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http://southbendin.gov/government/ Attn:Deputy City Clerk content/tax-abatement 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 2)Certified Technology Park appropriate?(Page one,under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3)Community Revitalization Enhancement District?(Page one,under project overview) The map below outlines the CRED area,please check to see if you fall within the boundaries. CREeD District Boundary) --gin '�. crece ^Swnr Sari f�a J :A PnmoJ gDunham z +a Fisher C _ Tun Tull a $arnpb AKen' Ohio .8 > t` 2c- Ignition S�•,II.� g eroeaw.y ti Er(w b 3 Y Har Ay �• m e Legend S 3 g Indiana k �1 ani e NI OCRR DWIriU ; � InOIBne s X g ovum eena P.Kels I\ 4) Has any 504 funding been received? (Page one,under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5)Total training expenditure-not cumulative(Page two,under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6)Total number to be trained-not cumulative(Page two,under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document,please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at iheintze(asouthbendin.gov teas Y; STATEMENT OF BENEFITS 20-_�PAY 20 REAL ESTATE IMPROVEMENTS --- -_ Stale form 61767(R4/2-13) FORM 89•1 I Real Property ' Prescibed by the Department of Local Government Finance PRIVACY NOTICE This statement Is being completed for real property that gtralaes under the following Indiana Code(Check one box): Ina coal end any.peorte mdvidul's contldenItal;the ❑Redevetopmen(or rehabtlfledon of real estate Improvements(IC 6.1.1.12.1-4) n"am I`is public record ❑ Residentielly distressed ants(IC 8.1.1-121-4.1) per IC 6.1,1.12 1.5 1(e)end(d). INSTRUCTIONS: 1. Me statement mud be sub onRfed lo the body designating the Economic Re■ttaitrsdon Ares prior to the pubic hearing M the designating body requites Information from the applicant in making its decision about whetherfo de:NynQ.an Economic Reviler*bon Atea. Otherwise,(Ms statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 'Projects'planned or committed to attar JJdyi.1987.and areas designated after July 1,1087,require a STATEMENT OF BENEFITS. (IC 6-1.1-121) 2 Approval of the designe1109 body(City Council,Town Board,County Council etc.)must be obtained prior fo Initiation of the redevelopment or rehablhte:ion,BEFORE et deduction may he npproved. 3. 70 obtain a deduction,I Form 32214E must be MMed eh the County Arrant be fore May 10 in the year in which the addition to assessed valuation Is made or not later then thirty(3O)days after the assessment nonce Is melted to the property owner IIt was mailed otter April iv. ft the property owner misses the Mey 10 deadline in the lnftlal year of occupation,ha can apply between March 1 and Mey 10 of a subsequent year 4. Properly owners whose Statement of Benefits was approved aterJune 30,1991,must attach a Fenn CF-Reel Property ennumiy to the application to show Compliance snub the Statement of Benefits. (IC 6-1.1-12.1-5.1(b)end IC 64,1-12.1.6.30V 5. The schedules established under IC 8•1.1-121-4(d)far rehabilitated property apply to any economic revitalization areas designated eitcrJunc 30.2000. unless e ad en sfMa deduction sdndue is adopted by the d signelkq body(IC 6.1,1-12.1-17). The schedules of ecttve prior to July 1,2000,shag continue to apply to*canon*revile ie0on arms deslplafed bebte July 1,2000. S°ic irC:J 1 -. _ _ • • uAXI`AY1:P thr ORr.1,-,II ON ,. 1ay..�a.'.-r-,.:• Name of taxpayer Roiaald one.LLC Menus of laxpayer(number and*trek idly stale.and 7.tP emir) _._ —__ 535 5.Lafayette Cawed,bout bend.Indiana 40301 Name of Contact person Iep11000 number C-md addreia Wen E PeMnon (574 )367.7262 ipaiwoone ladoeew.mm . 3L-CTrOl;c • . . . I.00ArioN AND OESCRIr;TION or•,PROPOnED PROJECTA: I.•:, ,.ai•.Zr/I4.70 M'• N•mr of ff.,gn.cng body Resolution number swan bead Cannon Counsel Location of property ----- --- County OLGF Wdng dnlriel number ---� m5 s.Letayaae Elaae.we.Sari Eland.edam react aL JaeAi Count( (Jescnplmn et real properly ImprOYemen u,redevelopment.or,rhnt'A$ntCn(use ad6tens?smelt I/ereessary) Wrested start date(month.dry.jeer 121122015 lda Nrrbwe/One(1)and Ursa Mal Anorwn m Ora recorded Thal d RER JSSANCE MINOR SUBDMSION,recorded 1011n s Doc No.15252e3 Estina rJ Cttrlplaerxl dek(more',,dry.year) 311/2017 SI;C iION i - - ==Tl61ATf?i'/ C.:4PL'Ye PES<,t)C Sf1C P.IEf AS RESULT OF,PR OPG @'1 for OJi CT'rX =are Ceti Current number &Aeries Number remained Seines NumberadOLoeN Salaries 5S 3a 20 ..-:iT•4?IC::•., - , . .'.:,ES;I:4ATEn;fOTA! AND.VALUE OF 17P,OPG9E;PR42=CT.; .,*�•_;�°_`"- _ REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE • Currant values _ 8415,6'00 Plus estimated values of proposed pro ect 9,4/4/61 2-5-4> Less values of any property being replaced_ _ Net esllinaledvalues .oncorrpleuonof(JO eel /O Z9/ . �cao bccrit 7tJ S L'Jni5.r CO;V RT ED AND JTI11_f:nEr:f_PI n r 4CL44)En ia'TiiL '.XP.ATErt��s ".5t,-sisal.t>:e!'ts Estbnated solid waste converted(pounds) N/A —_-- _ Eslhmated hazardous waste converted(pounds) wit Other benefits The voY+al awl reset In the rode.atuynert and NOW:41.4ton of Studebaker eufeilt 112 end 113 aid Pb.4de the bet photo d deaeopntoa en*tit loamy SUdebe ar Aant l6'bony(Ivy Tows) site.11.11 peeled all provide M ra4 irad arurny,IMreaUwturs end Initial parking to ninths tun two tRPnga and mmmanne M reof:neon d Or antes.Ti.dale trwmdwtl salt Wadi tun Men mazy rcm.dda ed and under vaiad meat weerd dries studebekNa dossa 52 yowl no. SECTION G TAXPAYER CERTIFICATION I hereby certify that the representations In this abnormal are true. ctgo� -- 7pe Data scrod(moth.d+k reed ' Page 1 of 2 FOR"USE'OF.LTNEIDE$f l�ATING�BODY�. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under iC 6.1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed 10 calendar years`(see below). The date this designation expires is March 1,2027 B. The type of deduction that Is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements ®Yes ❑No 2.Residentially distressed areas ❑Yes D No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for 10 years'(see below). F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved(signature and line of eulhodred member of designating body) Telephone number Date signed(month.day.year) ( ) Attested by(signature and title of attester) Designated body .If the designating body Omits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is . entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1,2000.the deduction period Is limited to three(3),six(6),or len(10)years. 2. If the Economic Revitalization Area was designated after June 30.2000,and is not in a residentially distressed area,the deduction period may not exceed ten(10)years. • FSr@bCt .: � el ZU15 Page 2 of 2 t rte C.} ,'I ,,. e f-;l'tFND, IN 635 S Lafayette Blvd - Google Maps Page 1 of 1 Google Maps 635 S Lafayette Blvd A...: 5 :-. .73 , , •.,usps ,.:1 Pa,L loan Kroc ex e ps - C..a.milay Carly... A , :14;s7a=tr,ocr, : V . W Monroe SI E Monroe St r mor,00 SI c., ..; .-..: ...s...,...,-.., a t 12.1.0 Candy 6 I - en V.S.:.•51 l::....utl ft V /OS Sooal seTvrty fam-an...raw A f on*&Scual A kook CO...t, , ' 1PM 5 La 1 8 MI 1.2 '''''''''' T. ' 3 •G af Bother... .' C.: CC E . -T,, 'P3 -tonne,.Induna l/L3 d Illfr,ond 1 O., ' kse 5,.a 1.1.envd,• $ C2 . ...,, 61:::u gbrq; I: Monne Alt :-.•2 . i Google ,, R L .,,,, •,-., •IN,.enn ar At SI bakvh C.W.O.. 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Ivy Tower Corporation Storage /Piil,,0., ` `_ 635 S Lafayette Blvd,South Bend, IN 46601 r` `° 4,n� (574) 239-1320 L /8 20!5 https://www.google.com/maps/place/Ivy+Tower+Corporation/@41.6678226,-86.256284... 11/17/2015 761 S Lafayette Blvd- Google Maps Page 1 of 1 Google Maps 761 S Lafayette Blvd - ui .. - ..- I - l • • •___i�r.1a� _ _ mo _ A rfi �: . 1• Google Image capture:Sep 2011 ©2015 Google South Bend,Indiana Street View-Sep 2011 n W 500)ci lc, vy Tower V) n 0 C77 Iltod n- https://www.google.com/maps/@41.6676166,-86.2533949,3 a,75y,269.73h,88.46t/data=!... 11/17/2015 rr-tau RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE CITY TO DEVELOP A "MOW TO OWN" PROGRAM e, the South Bend Common Council notes that on July 13, 2015, Resolution No. 4474-15 was adopted by the Council. It recommended that a "tall grass/weed abatement pilot program focusing on providing youth with working opportunities and life skills training and development..."and was approved by the Mayor on July 14, 2015; and Oftranny the pilot program addressed in Resolution No. 4474-15 is under the"jurisdiction of the Department of Code Enforcement"with an update from that Department to be shared with the Common Council's Health and Public Safety Committee during November of 2015; and fie, South Bend, like many other communities are addressing the many problems associated with vacant and abandoned properties; and Wane, one program which has begun in the City of Memphis, Tennessee, would permit the owner(s) of real estate which adjoin a vacant lot owned by the City or Shelby County to mow that government-owned property and eventually take ownership of the vacant property; and e, attached to this Resolution are copies of the initial Memphis City Council Resolution,as well as their 5-page ordinance creating a"Mow to Own Program"which addresses: 1. Program Eligibility 2. Application Requirements 3. Memorandum of Understanding 4. Approval and Implementation =g a m te retokai tai n ` tai f9oadi Adana tom; Section I. The South Bend Common Council believes that viable programs such as the one being developed in Memphis, Tennessee, addressing a "Mow to Own Program" should be carefully studied, to see if it would be feasible for the City of South Bend. Section II. Recognizing that state laws may be different,by moving forward to explore a similar "Mow to Own" concept in South Bend at this time, may result in State Senators and State Representatives, who represent our area of the state, to collaborate with local public officials and concerned citizens so that proposed legislation,if determined to be necessary would be introduced for the next session of the Indiana General Assembly. Resolution on Mow to Own Page 2 Section III. The Common Council therefore calls upon the City Administration to collaborate together with the Council in examining the Memphis' "Mow to Own" program to see if such a program would be effective and in the best interests of the citizens of South Bend, Indiana. Section IV. This Resolution shall be in full force and effec s om and after its adoption by the Common Council and approval by the Mayor. ' enrt Davis, Jr., 2nd District Council Member South Bend Common Council Votes in Favor Votes in Opposition e G.• John Voorde, City Clerk (91:ttewtetqt me to Die afar y etMe Nioilott ,istdianar anew et, , 2018at_0;64 . Janice Talboom, Deputy City Clerk t91fireetaietsui roe*me to,t‘n y/Ule %1 19o&s igene4 Ara on ate .9° , 20/5 at__a shad . a' Pete Buttigieg, Mayor City of South Bend, Indiana Filed in r=;a Office NOV 16 zoi5 ,LN ED NOT APPROIM ADOPTiat CITY CLERIC,SOUTH REND,IN �`yUVTM.�'•., 4 Y 44`\�•�i //i r iw"s"y* Common Council City of South Bend Indiana Henry Davis,Jr.,2nd District Council Member 4'h Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-5983 (574)235-9173 Facsimile (574)235-5567 TTY/TDD November 13, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: "Mow to Own"Resolution Dear Council Members: During my eight (8) years of service on the Common Council, I have championed many causes and programs to help improve the quality of life and employment in our City. I have always been an advocate and voice for the residents of the 2"d District during my two (2) terms of office. Unfortunately the 2"d District has far too many vacant and abandoned structures. Many of those structures have been demolished, and those properties then became the focus of ongoing complaints of the trash, tall grass and weeds. I am therefore, introducing the attached Resolution, and I ask my fellow Council Members to review, discuss and adopt it enthusiastically and unanimously. It asks for leaders at the local and state level to collaborate together for the purpose of creating an effective"Mow to Own"program in the City of South Bend. I have attached the resolution and the ordinance from Memphis, Tennessee, as a program which should be carefully studied. Memphis had 3,500 vacant lots in their county land bank system with 97% of those being within the city limits of Memphis. Their program may be a viable roadmap for the development of a similar program here. If new state regulations are needed, we need to engage our state senators and state representatives to remove potential obstacles. I request that the proposed Resolution and the Memphis documents be carefully studied and heard in the Council's Health and Public Safety Committee. I urge you to be pro-active and join me on this proposed initiative. Thank you. Most s' e ely, 1l ► r- F;;ed `s:n .ler '- Offid( �� ►.avis, Jr. _ "d District Council Member CA's 1 2Oi5 u .JEiI't ; _ CITY CLERIC,tiOUT H NEW,:' MEMPHIS CITY COUNCIL E Committee Meeting Schedule Tuesday, April 7, 2015 REVISED 8:30 a.m. PERSONNEL & INTERGOVERNMENTAL COMMITTEE (Chairman Flinn) 1. Reappointment to EDGE -Thomas R. Dyer 2. Appointment to the Memphis Public Library Board of Trustees—Dr. Alfred Hall 3. Reappointments to the Cross Connection Board-Jason Tyler Zerwkh, Cindy Cook, Odell Johnson, Jr. 4. Appointments to the Civil Service Commission-Brandon M. Ingram,Natalie J. McKinney 5. Appointments to the Beale Street Tourism Development Authority - Warner"Ty"Agee,Ross A. Boswell, Edmund Ford, Jr.,J. W. Gibson II,Nathaniel Jones, Paul Morris, Caren B.Nichol, Joellyn Forrester Sullivan, Johnnie Walker,Jason Wexler, Jamal Whitlow, Pat Mitchell Worley,Archie Willis 6. Appointment of Jack Sammons as Chief Administrative Officer 7. Amendments to the ordinance establishing the civilian law enforcement review board 9:15 a.m. PUBLIC WORKS & TRANSPORTATION COMMITTEE (Chairman Hedgepeth) 1. Resolution requesting the approval of the sale of City owned surplus property as shown in Plat Book 1 Page 27 as Lot#022, and located at 0 Tate St. in Memphis, Shelby County, Tennessee and further described as parcel 011030 00012 2. Resolution requesting the approval of the sale of City owned surplus property acquired by the City of Memphis in Tax Sale#7, located at 502 Wicks Avenue in Memphis, Shelby County,Tennessee and further described as Parcel#025014 00025 3. A resolution establishing an ad hoc committee to develop a Mow to Own program 4. Resolution establishing Sidewalk Assistance Program by amending FY15 operating budget by transferring, allocating and appropriating$200,000 from the general fund operating budget of the Division of Planning and Development to the operating budget of the Division of Engineering for construction and lifting the sidewalk ordinance enforcement moratorium 5. An Ordinance to amend Article II, Chapter 4-14, City of Memphis Code of Ordinances and Article III Chapter 39 to allow the consumption of alcoholic beverages by an individual(s) who is a passenger in a vehicle for hire 10:15 a.m. BUDGET COMMITTEE (Chairman Strickland) 1. Resolution requesting budget update details be made available to the public in a machine readable format 2. Resolution requesting a minimum$13.5 Million for paving and $7 Million for community projects be included in the FY2016 Capital Improvement Budget Memphis City Council Resolution WHEREAS,vacant and abandoned properties have become an overwhelming problem within the City of Memphis that is negatively impacting every Council District and neighborhood within our boundaries;and WHEREAS,these properties are continuing to add significant costs to the operations of City government as officials are financially strapped to run departments and try to maintain land that is the responsibility of negligent property owners;and WHEREAS,this epidemic of urban blight is draining the resources of City government and creating an environment of decay and crime that is seriously impacting our ability to attract residents to live and work in the City of Memphis as our business recruitment efforts have resulted in the relocation of several companies;and WHEREAS,there are many citizens who are currently maintaining properties that are adjacent to their own or within their neighborhoods as they continue to believe in the greatness of our city. NOW,THEREFORE, BE iT RESOLVED THATTHE MEMPHIS CiTY COUNCIL does hereby approve the following program: A"Mow to Own"program in which the city enters into maintenance agreements with individual property owners that care for properties adjacent to their homes with the ability to purchase(through credits/cash)the properties after one year. BE IT FURTHER RESOLVED THAT THE MEMPHIS CITY COUNCIL shall submit the following proposals to the State Attorney General for approval pursuant to SB 3424. Berlin Boyd Council Member Myron Lowery Chairman MEMPHIS CITY COUNCIL Committee Meeting Schedule Tuesday, October 20, 2015 9:00 a.m. PERSONNEL COMMITTEE (Chairman Crone) 1. Resolution supporting State of Tennessee Bill which establishes TBI jurisdiction for officer involved shootings and increases death benefits from the State of Tennessee for officers killed in the line of duty from $25,000 to $100,000 9:30 a.m. PUBLIC WORKS &TRANSPORTATION COMMITTEE (Chairman Hedgepeth) 1. Resolution provides funding to Freedom From Unnecessary Negatives (F.F.U.N.), a 501©(3) organization in the amount of$150,000 for the implementation of a Clean Pathways initiative to address issues such as blight, litter and illegal dumping around schools and to reduce poverty and crime within the city limits 2. Resolution appropriating $200,000 in the FY16 CIP Budget for PW01272 Asphalt/Paving 3. Resolution amending the FY16 Capital Improvement Budget by transferring an allocation and appropriating $107,542.30 in G.O. Bonds from the HSIP Cover Line Project Number EN01067 to the Airways at Ketchum Safety Improvement Project Project Number PW01242 for local match requirements 4. Resolution amending the FY16 Capital Improvement Budget by transferring an allocation and appropriating$22,000 in G.O. Bonds from the HSIP Cover Line Project Number EN01067 to the Perkins Road at Perkins Extended Safety Improvement Project Number PW01250 for local match requirements 5. Resolution amending the FY16 Capital Improvement Budget by transferring an allocation and appropriating $47,379 in G.O. Bonds from the HSIP Cover Line Project Number EN01067 to the S. Perkins at Old Lamar Safety Improvement Project Number PW01217 for local match requirements 6. Resolution to amend the Fiscal Year 2016 Capital Improvement Budget by accepting grant funds from the Tennessee Board of Regents in the amount of$281,814.40 and establishing funding for EN01069 Traffic Signal improvements to the intersection of Park Ave.at Goodlett 7. Resolution amending the FY 2016 CIP Budget by accepting grant funds in the amount of $458,824 from the Tennessee Department of Transportation and establishing an allocation in Walker Ave Streetscape Phase 2 Project PW04103 for construction of sidewalks, lighting and landscaping along Walker Avenue 8. Resolution amending the FY2016 CIP Budget by transferring an allocation of$383,490 for City Owned Property Sidewalk Replacement project PW04112 9. Resolution amending the FY2016 Operating Budget to transfer$200,000 for construction associated with the Sidewalk Assistance Program for concrete sidewalk repair 10. An Ordinance amending Chapter 2,Article VI, Division 2 to add Sec. 2-291.1,Code of Ordinances of the City of Memphis to create a Mow to Own Program AN ORDINANCE TO AMEND DIVISION 2,SECTION 2-291."REAL PROPERTY- SALE GENERALLY" TO ADD A SUBSECTION CREATING A MOW TO OWN PROGRAM WHEREAS, cities across the country have established a Mow to Own program as a means of transferring tax adjudicated properties to adjoining property owners who have maintained such properties for a specified period of time and in doing so have shown the desire to improve their neigborhoods and combat urban blight and neglect; and WHEREAS, the Memphis City Council finds that a program of this nature would be beneficial to our city and has developed policies and procedures to facilitate the sale and transfer of tax delinquent properties to adjoining property owners who will acquire credits towards the purchase price of said property through their participation in Memphis' Mow to Own program;and WHEREAS, this program has multiple benefits including encouraging and rewarding neighbors to invest sweat equity in the adjoining property and taking an otherwise vacant, abandoned, neglected and underutilized piece of land in an effort to improve the blighted conditions of neighborhoods and return it to a productive use on the City's tax rolls;and Whereas, this program has the further benefit of allowing publically funded maintenance activities on these abandoned vacant properties to be eliminated, freeing these public funds to be used in more productive community enhancement endeavors. NOW,THEREFORE, BE IT RESOLVED BY THE MEMPHIS CITY COUNCIL SECTION 1. Division 2. Real Property is hereby amended to add a new Sec. 2-291.1, to be entitled "Mow to Own Program:'That new section shall read as follows: Sec. 2-291.1 Mow to Own Program. The manager of the city real estate department shall be authorized to sell vacant property that adjoining property owners have maintained and are able to purchase through either credits or cash payments and credit, pursuant to the terms of a Memorandum of Understanding (MOU) between the property owners and the City. Any MOU shall contain the following provisions: (1) Program Eligibility (a) Eligible participants include adjoining property owners or non-profit organizations with 501(c)(3) status that are chartered or authorized to serve the same neighborhood in which the city property is located and that own adjoining property. Adjoining property owners are those who share a common property line with the City Property; and shall include those property owners who own the property across the street, directly in front of the City Property or directly across an alley. (b)The applicant must not: (i) Be delinquent in the payment of any real estate or personal property taxes in Shelby County (ii.) Have been found guilty by Environmental Court of violating the City Housing Code. (c) If the applicant is a nonprofit Neighborhood Organization, in addition to the above requirements, their 501(c)(3) status must be current and active at the time of Application submittal and maintained in that status throughout the term of the MOU. (d) Only properties listed for sale with a price of at least Five Hundred dollars($500.00)and less than Ten Thousand dollars ($10,000) are eligible for the Mow to Own program. Applications for properties not listed for sale will be returned. (e) No property larger than one half (1/2) acre will be considered for inclusion in the program. (f) Non-residential properties and properties along some commercial corridors may not be eligible for the program (g) The City of Memphis, and the Shelby County if the property is owned by the County, have the absolute right to exclude properties from the program at their sole discretion. (h.) It is the goal of this program to sell the City Property for not less than fair market value. The purchase price will be based on an internal fair market value determination. (2)Application Requirements. (a) An administrative fee of One Hundred and Seventy Five dollars ($175.00) is required to participate in the program and shall be paid to the City by Purchaser at the time the application is submitted. (b.) Purchaser must submit a completed application. Along with the application, purchasers shall submit a proposal outlining the amount they are seeking to earn by maintenance activities on the City Property, which may be all or any portion of the final purchase price. (c.) The application and submitted proposal will be reviewed by the City. As required, the City may request additional information from the Purchaser and negotiate the terms of the purchase, including the maintenance cost and duration of MOU term. (d.) Purchasers will receive a notification letter with their approval or disapproval status. (3) Memorandum of Understanding. Eligible participants shall sign a Memorandum of Understanding (MOU) and agree to perform required maintenance on said adjoining property. Terms of the MOU shall include the following: (a) Grass cutting and trimming will be required once every two weeks beginning on March 15th and continuing until October 15th (b) Other required maintenance shall include, raking leaves, picking up trash and debris and properly disposing of the same. Participants can earn up to 100% of the purchase price of the City Property through credits earned for the maintenance described above. (c)The schedule of credit amounts as follows: (i.) Lawn mowing: $25 per cut reimbursement of$375.00 per year. (ii.) Leaf removal: $25 per removal, maximum of$75 per year. (iii) The allowed time a property may be in the program is a maximum of three (3) years (d.) At any time during the MOU, purchasers will have the option to pay the outstanding portion of the purchase price not covered by their maintenance credit, in cash, and receive the property. (e.)The MOU will become null and void if the Purchaser fails to adequately perform the proposed maintenance to the City Property and the administrative fee will be forfeited. (f.)The maximum amount that can be credited at the time of conveyance is$1,350.00. (g) For the work to be conducted under the MOU, Purchaser is an independent contractor and waives and releases the City of Memphis, TN all of its departments and divisions and all of its employees, agents or other representatives from any loss, claim, cause of action, damage, or liability whatsoever, whether without limitation strict or absolute liability in tort or by statue imposed, charge, cost or expense, including without limitation, attorneys' fees to the extent any damage or loss to property or injury or death resulting in any manner from the MOU,Application,or exercising the rights and obligations therein. (h) Purchaser agrees to indemnify the City of Memphis,TN, all of its departments and divisions and all of its employees,agents or other representatives against any monetary award, both compensatory and punitive,or equitable relief by a judge or jury that may result from damages or loss to persons or property sustained as a result of the MOU,Application, or exercising the rights and obligations therein. (i) Purchaser shall not assign, lease or otherwise transfer any rights under the MOU,without the written consent of the City of Memphis, Department of General Services and City Council. (4)Approval and Implementation (a)After the application has been approved,the Mow to Own program shall prepare the required communication and legislation for City Council approval. (b) Once a City Property is enrolled in the program Purchaser may begin to earn credits towards its purchase. (c.) Purchaser agrees that in order to earn this credit Purchaser must provide evidence of its maintenance activities to the City. This shall include electronic submission of time dated photographs showing the City Property before and after each maintenance event for which credit is sought. This evidence shall be submitted on a monthly basis. (d.) Purchaser may also be required to provide additional proof of any other activity or status element necessary to maintain the registration of the City Property in the Mow to Own program including evidence of continued ownership of the adjoining property or other program requirements requested by the Mow to Own staff. (5) If Purchaser is unable to conduct the required maintenance activities for any reason, Purchaser will provide notice of this inability to the Mow to Own staff and provide an estimate of its duration. Mow to Own Staff may provide a short term waiver of the requirement or notify Purchaser of its inability to continue to keep the City Property in the program. (6) If Purchaser is found by the city to be in violation of the terms of the MOU, Mow to Own staff will provide notice of this determination and Purchaser will be given ten (10)days to cure the deficiency. If corrective action is not taken within the allotted time, the MOU may be terminated by the program staff. (7) Until conveyance of the Property to the Purchaser, Purchaser may only be granted a non- exclusive right of access and use of the Property consistent with the terms of the MOU and the Application. Purchaser shall not permit any waste or damage to Property and shall not occupy or use the Property for any purposes that are unlawful, hazardous, unsanitary, noxious, or offensive. (8) Purchaser shall not permit any interest or lien to be placed on the Property,while the Property is still owned by the Seller. (9) In the event the Purchaser: 1) Fails to perform the terms of this MOU;or 2) No longer owns a lot adjacent to the Property;or 3) Violates the terms of the Application, including the timely payment of the purchase price; or 4). If the Memphis City Council fails to pass the necessary Resolution, the MOU shall automatically terminate and become null and void and neither party shall have further liability to the other arising out of this MOU. (10)After the purchase price of the vacant lot has been earned and/or paid in accordance with an executed MOU between Purchaser and the City of Memphis,the Mow to Own program will prepare the necessary documents and schedule the closing to effect the transfer of the City Property. (11)A Quit Claim Deed will be prepared and issued for transfer of the property. Purchaser will be responsible for the recording fee. Purchaser shall pay the Seller the recording fee to the Shelby County Register. (12) The City will not provide title insurance to Purchaser. Purchaser may independently purchase title insurance through a title company. (13)All City Property is sold by"AS IS" without any warranties or guarantees. (14) The City will issue the appropriate tax form (1099) showing the amount earned by the purchaser during the period maintenance was conducted as income to the Purchaser. SECTION 2. BE IT FURTHER ORDAINED BY THE MEMPHIS CITY COUNCIL that the provisions of this Ordinance are hereby severable. If any of these sections, provisions, sentences, clauses, phrased, or parts are held unconstitutional or void,the remainder of this Ordinance shall continue in full force and effect. SECTION 3. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS that this Ordinance shall take effect from and after the date it shall have been passed by the Council,signed by the Chairman of the Council, certified and delivered to the Office of Mayor in writing by the comptroller and become effective as otherwise provided by law. Berlin Boyd Li I, JJa . � �-- ( RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ENCOURAGING THE CITY TO STUDY THE FEASIBILITY OF IMPLEMENTING A LOCAL PUBLIC POLLING SYSTEM fie, for the past few years creative options have been proposed to develop opportunities to have public discussion on topics with individuals letting their voices be heard via telephone, email and social media with the results being forwarded to the Common Council and the City Administration; and 6lireereadl such a concept was shared with representatives of Michiana Public Broadcasting Corporation(MPBC)in the fall of 2013 to see if they or Michiana Access Television(MATV)which MPBC operates would be a potential facilitator of such a project;and a detailed 5-page response was sent by MPBC on September 13,2013, a copy of which is attached and incorporated herein by reference; and c awrg in light of the projected cost for the project being over two (2) years old, noting that the projected costs in 2013 were estimated to be "First year Start U: $518-633,000 Additional years: $83,000-198,000", and that the civil city budget for the 2016 calendar year has been established, the opportunity to discuss this concept so that it can be a priority in the 2017 budget. 9, rim taket4 S amazon aancdyie calgfr?Sabi Adlana, aJ laatf: Section I. In the interest of enhancing the local decision-making process by letting resident voices be heard via telephone, email and social media with the results being forwarded to the Common Council and the City Administration, the Council's Information and Technology Committee in conjunction with representatives from the City Administration's Information and Technology Division of the Department of Administration and Finance, are encouraged to publicly discuss and receive public input on the feasibility of implementing a local public polling system. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. � :. r -- Henry Davis, Jr., 2nd District C itcil Member South Bend Common Council Votes in Favor Votes in Opposition Local Public Polling System Resolution Page 2 J.Iae,Y.• John Voorde, City Clerk 'retented me to die g 'orAfe rye Orotat arent4 ...Adana) on.ade ear? , ROM at_aalo4 . ,n Janice Talboom, Deputy City Clerk xoaed emd *me to S afro y/5 4?Wadi Fend ti neita a, an de 49� , 20/5 at_aedoa/a . SC Pete Buttigieg, Mayor City of South Bend, Indiana Hied ;r rirs't7ty Office I NOV I Z015 PRESENTED I NOT APPROVES CITY ' d ' i �,.CITY CLERK,SOUTH MEND,IN ADOPTED Common Council City of South Bend Indiana Henry Davis,Jr.,2nd District Council Member 4th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-5983 (574)235-9173 Facsimile (574)235-5567 TTY/TDD November 16, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Local Public Polling System Resolution Dear Council Members: The attached Resolution is filed to formally begin public discussion on the feasibility of implementing a local public polling system. Such a system would provide the opportunity for members of the public to send their input via telephone, email and social media on specific city topics, with the results being forwarded to the Common Council and the City Administration. I believe that such a program would be an improvement over instances of misinformation or varying information being shared, often which is incomplete, which results in many members of the public becoming frustrated. Unfortunately, recent examples of this have occurred and impacted the residents in both the 2'and 6th Districts. I have attached a detailed information and projected costs which I have received. I request that this information be sent to the Council's Information and Technology Committee. Thank you. Most .i erely, Davis,Jr. 2'District Council Member Attachments Filed .ICh.. .... art Una,OUTH(LEND,IM September 13, 2013 Hon. Henry Davis Jr. Councilman, 2nd District City of South Bend,4th Floor 227 W. Jefferson Blvd South Bend, IN 46601 Dear Councilman Davis: Michiana Public Broadcasting Corporation (MPBC), which operates Michiana Access Television (MATV)on behalf of the Cities of South Bend/Mishawaka and St. Joseph County, is formally responding to a series of discussions we have held with Mr. David Frank regarding his vision to create a new opportunity for community discourse in the greater South Bend area. Mr. Frank has asked me to respond directly to you. In our conversations. an urgent community need was described to create a means for ordinary citizens to have a larger, more impactful, voice on the media. This new"voice"should include "live"commentators discussing a topic, and allow citizens to interact with the program by telephone, e-mail, and social media. There is also a goal to develop an electronic voting/polling system to measure viewers' thoughts on an issue. Out of our dialogue, MPBC is encouraged by the potential of this concept to expand the role of public media, and within our role with MATV is willing to facilitate the project. To assist the advocacy of this concept, MPBC has developed a framework for the structure of this concept and has researched the start- up costs. For the sake of these discussions, we will use the working title"Talk of the Town"(TT) to describe the general concept of the program. Background Michiana Public Broadcasting Corporation was fortunate to inherit the former WSBT Television and Radio Studios. They are primarily used for the operations of Michiana's PBS station, WNIT. More recently MPBC was contracted to provide services for Michiana Access Television. Our facility includes the unused, former studio of popular morning radio host, Jon Thompson, "JT in the Morning." While most of the building has been extensively remodeled, the Jon Thompson studio remains basically intact. Designed for its radio host to have conversations with guests, it can accommodate four additional persons around a large console. We believe this studio can be redesigned for television, using simple technology, and become a means to regularly feature multiple guests for discussions of community interest on MATV. The Basic Idea "Talk of the Town" (working title) will be a regular on-going "discussion /talk"program on the public access channel, MATV channel 99, and video steaming on the Internet. At its start, TT could be regularly scheduled in prime viewing time, once per week for two hours. After a trial period, it is anticipated that TT would evolve to a daily one-hour program. Further growth could come with a second daily time period, perhaps in the morning or afternoon. Time periods could also be expanded. Each show could consist of half-hour topic"blocks." A host/moderator and citizen commentators would be in-studio to discuss the topic. Viewers will have an opportunity to telephone ore-mail questions to the host. A means to poll viewers and tally results is targeted for the future. Guest commentators for each topic would be rotated. "Talk of the Town"would intend to have all perspectives of an issue represented. The studio technology would be designed for simple operation. Rather than a full production crew operating cameras and staffing the control room, the TT studio would be outfitted with multiple, inexpensive robotic cameras controlled and operated by the host. Additional staffing would be required to screen telephone calls. The "character"of the studio would be preserved to give the feel of a talk show environment. Organizational Structure MPBC recommends that a separate non-profit entity be established for administrative structure, operations and accountability. Perhaps the original Public Access Consortium that advocated for the reinstatement of the channel could form the core group? This committee would appoint an Executive Producer and establish an Editorial Committee. The Executive Producer would select the host/moderators, guests, and provide all coordination. The Editorial Committee would monitor content and research and establish topics for discussion. The overriding objective of"Talk of the Town"is to provide an outlet for a diverse range of opinion, with representation of all races, genders, and ages. This program becomes the public's media platform. TT would be totally operated by the new entity. MPBC would only provide support services, as it does for MATV, and remain content neutral. All editorial direction must come from the citizen committee. Potential to be on WNIT Although MPBC keeps MATV operations and programming totally separate from WNIT/PBS programming, MPBC would consider a variation of TT as a weekly feature on WNIT if the program is successful and we determine it benefits the civil discourse of community issues. The program may also have the potential of carriage by a radio station. The Costs associated with Michiana Public Broadcasting MPBC costs associated with the project include studio remodeling, equipment, space rental, and staffing. Remodeling and Equipment Based upon initial estimates from equipment vendors and building contractors, the following costs can be used as guidelines: Studio remodeling and cabinetry: $35,000 o Reconfigure console o Refinish console o Seating o Stylize walls o Add electrical for lighting o Additional soundproofing o HVAC modifications Equipment and installation: $375,000 o Robotic cameras o Video switcher o Character Generator(s) o Microphones o Audio mixer o "Talk radio"telephone system o Lighting package, as required o Video/Audio Routing o Master Control/Automation System configuration o Electronic Opinion Voting System development and equipment Contingency: $25,000 TOTAL: $435,000. All equipment purchased shall be considered a gift/grant to MPBC and become its property. First priority for use of the equipment shall go to MATV. Studio Rental and Maintenance Michiana Public Broadcasting Corporation will allocate additional building space to the Public Access project(and master contract)for the"Talk of the Town"studio. MPBC proposes a rental fee of$2,500 per month, for part-time use of the studio space, including utilities and equipment maintenance and repairs. At times the "Talk"studio is not being used for public access purposes, it could be used for other MPBC work, if any TOTAL: $30,000 per year MPBC Staffing ' Management/Supervisory oversight by MPBC, $1,000 per month A Receptionist/Production Assistant will need to be provided by MPBC for an hour before each program, the program itself, and a half-hour afterwards. The fee shall be$75 per program TOTAL: $33,000 -$48,000(any surplus shall roll-over to following year) Summary of MPBC Costs: Start-up and First Year Equipment $435,000 Space/Maint., per year 30,000 Staffing, per year 33,000 — 48,000 TOTAL: $498,000 -513,000 Each Additional Year: Equipment As may be requested Studio Rental, $30,000 MPBC Staffing 33,000—48,000 TOTAL: $63,000— 78,000 Costs Associated with Talk of the Town Governing Entity: Legal $ 10,000 Liability Insurance 10,000 Host/Moderator 75,000* Telephone Coordinator .25 TOTAL: $20, 000— 120,000 *If it is determined to use professionals in this position rather than volunteers. Grand Totals (Combined Costs) First year Start Up: $518,000—633,000 Additional years: $ 83,000— 198,000 Next In order for MPBC to proceed, the following "Next Steps"need to occur. ✓ The City Council of South Bend agrees, in principle, with the concept. ✓ The City of South Bend issues a letter of intent to Michiana Public Broadcasting Corporation to pursue the project and directs MPBC to consult in the development of a governance plan for the Talk Show project ✓ In parallel, the City and MPBC develop an addendum to the existing Public Access Channel agreement to initiate the added services ✓ The City approves the final cost estimates and signs the Added Services Addendum. ✓ The TT governing entity is put in place and liability insurance secured. ✓ The City advances fees to MPBC to pay for the additional equipment and remodeling required. ✓ Construction and equipment acquisition/installation are completed ✓ "Talk of the Town"is launched, approximately 120 days from receipt of equipment funding. Based on our current understanding of the concept and our interpretation of the technical needs, this is the best advice and cost estimates we can provide at this time. MPBC believes this idea has merit, and if executed well, will open new and exciting opportunities for citizens to weigh-in on issues which impact their lives. MPBC is happy to assist you in explaining any of the information provided and ideas we have proposed. Sincerely, Michiana Public Broadcasting Corporation Greg Giczi President and General Manager LL 1P0 13 -(! Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2-213 OF CHAPTER 2 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, in collaboration with the City Administration,believe that the limited technical amendments set forth in this ordinance are in the best interests of the City of South Bend. The amendments clarify the penalty provisions so that they are all consistent and compliant with Indiana law. 91 16;, 3r %re; ac,tic adz/nrd/f/he ot1?mon CJwinettithe Jcylgad Mwel, ice4ann, mi Section I. Section 13-96 of Article 10 of Chapter 13 addressing "Offenses and Miscellaneous Provisions"of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 13-96 Penalties . - : - . . • - . (a) Any person intentionally displaying a firearm in violation of this Article, or found to be in violation of Section 2-141(b)(4), or Section 13-58, or Section 19-44 of this Code, shall be issued an ordinance violation citation with a fine of up-te two thousand five hundred dollars ($2,500.00). fines for • -= • - - $ • ': - . Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. Section II. Chapter 2,Article 19, Section 2-213(a) of the South Bend Municipal Code is amended in part as follows by the addition of the following language to the chart in appropriate numerical order: 2-141(b)(4) Discharging Firearms in Cemeteries $2,500.00' 'South Bend Municipal Code§2-141 (b)(4)exempts the discharging of firearms at"military funerals and memorial celebrations". Clarification of Penalty Provisions Ordinance Page 2 13-58 Discharging Firearms Prohibited $2,500.002 13-96 Firearms at Public Meetings $2,500.00 19-44 Discharging Firearms in Parks $2,500.003 Section III. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. gllb%„ Tim Scott, R'I'strict Council Member South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council John Voorde, City Clerk 22eXiwer/by me to Pete Buttigieg,the Mayor of the City of South Bend, Indiana, on the_ day of , 2015, at o'clock . m. Janice Talboom, Deputy Clerk 2 South Bend Municipal Code§ 13-58(b)exempts"any legally appointed officer in the discharge of his duty". 3Indiana Code§ 35-47-2 set forth the State of Indiana regulations to carry a handgun. • Clarification of Penalty Provisions Ordinance Page 3 ccotea(rand y 'by me on the day of ,2015, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana • 1st READING l ! L3 l�' iicl' 16 ?015 PUBLIC HEARING '. rd READING S€)r tOT APPROV$[ GtTl't'Lr ,t K:�.T N'i�a CSQ,IN .EFERRED PASSED The South Bend Common Council 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.9321 574.235.5567 TDD November 18, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Clarification of Penalty Provisions Dear Council Members: The attached ordinance would clarify the penalty provisions for exciting provisions of the South Bend Municipal Code. More specifically: • Section 2-141(b)(4)has banned the discharge of firearms in public cemeteries since the passage of Ordinance No. 7108-82 in 1982, with the only limited exceptions being at military funerals and memorial celebrations. • Section 13-58 addressing the "discharging firearms prohibited" has been on the books since 1962, originally codified as Section 26-10. • Section 13-96 addressing the penalty for having a firearm at a public meeting was passed on June 27,2011 as part of Ordinance No. 10098-11. • Section 19-44 addressing the banning of firearms in public parks has been on the books since July 9, 1973 when Ordinance No. 5544-73 was passed and then codified into the then City Code as Section 4-50. We have worked with the City Administration, as well as our former and new Police Chief on this needed clarification which we all believe is in the best interest of the City of South Bend. All fines for violation of the above-listed sections of the South Bend Municipal Code would be the same, with a detailed listing being set forth in Section II of the attached ordinance. Clarification of Penalty Provision Ordinance Cover Letter Page 2 The penalty clarification provisions in no way affect the Indiana state law provisions addressing regulations on the carrying of handguns, which continue in full force and effect. us We request that this Bill be referred to the Council's Health and Public Safety Committee, and be set for public hearing at the December 14th Council meeting. Thank you. Most sincerely, Tim Scott, Council President 151 District Council Member Karen L. White, Council Member at Large Vice-Chairperson of the Health and Public Safety Committee Derek D. Dieter, Council Member at Large Chairperson of the Health and Public Safety Committee • Attachment cc: Office of the City Clerk Police Chief Scott Ruszkowski Stephanie Steele,Assistant City Attorney Cristal Brisco, Corporation Counsel t,CV 16 ZQ15 jot CITY CLERt. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2,ARTICLE 8,BY THE ADDITION OF NEW SECTION 2-125.2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS STATEMENT OF PURPOSE AND INTENT This year the City Administration issued an Employee Handbook 2015 which sets forth various "Separation Procedures" on pages 50-51. Additionally, the Mayor issued Executive Order 1-2014 which amends his Executive Order 1-2012 addressing the "City of South Bend Ethics Code". In reviewing these documents,there appears to be limited policies regarding post-employment restrictions. It is acknowledged that in the Executive Order 1-2014, under "Conflicts of Interest", paragraph 8 notes that a "...former appointee, employee, or official shall not disclose or materially benefit from confidential information..." It is also acknowledged that Indiana Code§35-44-1-3 sets forth conflict of interest regulations for all public servants. It is further noted that all local governments are required to comply with Indiana Code § 36-1-20.2 addressing mandatory nepotism requirements which took effect on July 1, 2012. In the interest of further elevating the professional standards for all individuals who work for the City of South Bend city government, it is believed that additional regulations should be set forth addressing post-employment restrictions. The Indiana Office of the Inspector General has posted changes affecting state employees which became effective on July 1,2015. It is believed that similar regulations restricting employment one(1) year from leaving city employment should be in effect in the City of South Bend, Indiana. tJfcu, Rer"Oir, or it rnki,,rdby the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 8 of the South Bend Municipal Code is amended by the addition of new Section 2-125.2, which shall read in its entirety as follows: Sec.2-125.2 Post City Employment Restrictions. (a) Effective January 1, 2016, any person who works for the City of South Bend, Indiana, city government as an appointee,employee or official,upon separation from employment with the city government may not accept employment or receive compensation with an employer if said former appointee, employee or official was engaged in the administration or negotiation of any contract or agreement on behalf of city government until there has been the elapse of at least three hundred sixty- five (365) days after the date on which the former appointee, employee or official ceases to be employed by the City of South Bend. Post City Employment Restrictions Ordinance—page 2 (b) In the event that the City of South Bend city government establishes a formal Ethics Commission by proper ordinance, then in such event a waiver of the restrictions set forth in paragraph (a) of this section may be considered by such a commission. Such consideration shall include but not be limited to requiring the submission of a proper waiver application to such a commission, and may only be granted if determined by a majority of the commission members that a waiver would be consistent with the public interest and is considered on a case by case basis. Such action by such a commission shall be subject to the provisions of Indiana's Open Door Law and the Indiana Access to Public Records Act. Section II. If any part, subsection,sentence,clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal public io . � • Ilk P. ,is, Jr.,2nd District Council Member fir:/: Office of the City Clerk gfri okiweel A me In ,'%e 9/ €-. V//rr 6>ty/r err//.aiv cnike,na; on the day of ,2015 at o'clock . m. Office of the City Clerk (4in'wr/awrit rrdby me on the day of ,2015 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana bee I* READING l-2,3-I - 1'UBLIC HEARING NOV �Q� ,d READING .:•_if APPROVED JOHN i•.;�.�::"s;'i =BRED CI?t'rL. " SOUTH NEND,IN 'ASSED -- -----_,.._ - Inspector General: Post-Employment Restrictions Page 1 of 3 Indiana Office of Inspector General Post-Employment Restrictions Summary of the Rule Do not go to work for a company that did work for you as a state employee. Noteworthy Changes - Effective July 1, 2015 Clients and customers of sole proprietorships and professional practices are now considered employers. If you participated in a contract with an employer that ended more than two years ago you may be exempt from the required one-year waiting period. AUs are subject to the one-year waiting period. Post-employment waivers have additional new criteria, are reviewed by the State Ethics Commission, and are posted on the OIG website. Examples of the Rule • You are an employee of the Family & Social Services Administration (FSSA) and would like to leave your state employment to work for a vendor that has a contract with FSSA. While you did not negotiate the contract, you were personally responsible for arranging meetings and performing research related to the contract. If you leave your state employment to work for the vendor, you cannot work on the contract the vendor has with FSSA. • You work for the Utility Regulatory Commission making regulatory decisions concerning a public utility company. You may not work for this utility company for a year. • You work for FSSA and have decided to start a family automotive parts business with your son. You may commence such employment immediately upon leaving your employment with the state. • You work as a local office director for DCS. You resign to start your own consulting firm. A service provider whose contract with DCS you helped administer three months ago wants to hire you for a project. You cannot consult for this service provider for a year. • You are a Deputy Commissioner at the Indiana Department of Transportation (INDOT). You participate in deciding which engineering firms should be awarded contracts. You resign from INDOT. You may not work at any of these firms for a year unless the contracts you awarded were completed at least two years ago. • You are a caseworker for FSSA. You help clients receive job training and welfare benefits from the state. You resign from FSSA and become an attorney. One of your former clients comes to you for advice because their new caseworker lowered their welfare benefits. You may not assist the person in that matter. Past Advisory Opinions on the Rule • All Opinions on the Post-Employment Rule The Rule: 42 IAC 1-5-14 Post-Employment Restrictions a. As used in this section, "particular matter" means any of the following: 1. an application; 2, a business transaction; 3. a claim; 4. a contract; 5. a determination; 6. an enforcement proceeding; 7. an investigation; 8. a judicial proceeding; http://www.in.gov/ig/2340.htm 11/13/2015 Inspector General: Post-Employment Restrictions Page 2 of 3 9. a lawsuit; 10. a license; 11. an economic development project; or 12. a public works project. The term does not include the proposal or consideration of a legislative matter or the proposal, consideration, adoption, or implementation of a rule or an administrative policy or practice of general application. b. A former state officer, employee, or special state appointee may not accept employment or receive compensation: 1. as a lobbyist; 2. from an employer if the former state officer, employee, or special state appointee was: A. engaged in the negotiation or the administration of one (1) or more contracts with that employer on behalf of the state or an agency; and B. in a position to make a discretionary decision affecting the: i. outcome of the negotiation; or H. nature of the administration; or 3. from an employer if the former state officer, employee, or special state appointee made a regulatory or licensing decision that directly applied to the employer or to a parent or subsidiary of the employer; before the elapse of at least three hundred sixty-five (365) days after the date on which the former state officer, employee, or special state appointee ceases to be a state officer, employee, or special state appointee. c. A former state officer, employee, or special state appointee may not represent or assist a person in a particular matter involving the state if the former state officer, employee, or special state appointee personally and substantially participated in the matter as a state officer, employee, or special state appointee, even if the former state officer, employee, or special state appointee receives no compensation for the representation or assistance. d. A former state officer, employee, or special state appointee may not accept employment or compensation from an employer if the circumstances surrounding the employment or compensation would lead a reasonable person to believe that: 1. employment; or 2. compensation; is given or had been offered for the purpose of influencing the former state officer, employee, or special state appointee in the performance of the individual's duties or responsibilities while a state officer, an employee, or a special state appointee. e. A written advisory opinion issued by the commission certifying that: 1. employment of; 2. consultation by; 3. representation by; or 4. assistance from; the former state officer, employee, or special state appointee does not violate this section is conclusive proof that a former state officer, employee, or special state appointee is not in violation of this section. f. Subsection (b) does not apply to the following: 1. a special state appointee who serves only as a member of an advisory body. 2. A former state officer, employee, or special state appointee who has: A. not negotiated or administered any contracts with that employer in the two (2) years before the beginning of employment or consulting negotiations with that employer; and B. any contract that: i. the former state officer, employee, or special state appointee may have negotiated or administered before the two (2) years preceding the beginning of employment or consulting negotiations: and H. is no longer active. g. An employee's or a special state appointee's state officer or appointing authority may waive application of subsection (b) or (c) in individual cases when consistent with the public interest. A waiver must satisfy all of the following: 1. The waiver must be signed by an employee's or special state appointee's: http://www.in.gov/ig/2340.htm 11/13/2015 Inspector General: Post-Employment Restrictions Page 3 of 3 A. State Officer or appointing authority authorizing the waiver, and B. Agency ethics officer attesting to form. 2. The waiver must include the following information: A. Whether the employee's prior job duties involved substantial decision-making authority over policies, rules, or contracts. B. The nature of the duties to be performed by the employee for the prospective employer. C. Whether the prospective employment is likely to involve substantial contact with the employee's former agency and the extent to which any such contact is likely to involve matters where the agency has the discretion to make decisions based on the work product of the employee. D. Whether the prospective employment may be beneficial to the state or the public, specifically stating how the intended employment is consistent with the public interest. E. The extent of economic hardship to the employee if the request for a waiver is denied. 3. The waiver must be filed with and presented to the commission by the state officer or appointing authority authorizing the waiver. 4. The waiver must be limited to an employee or special state appointee who obtains the waiver before engaging in the conduct that would give rise to a violation of subsection (b) or (c). The commission may conduct an administrative review of a waiver and approve a waiver only if the commission is satisfied that the information provided under subdivision (2) is specifically and satisfactorily articulated. The inspector general may adopt rules under IC 4-22-2 to establish criteria for post employment waivers. h. Subsection (b) applies, subject to waiver under subsection (g), to a former state officer, employee, or special state appointee who: 1. Made decisions as an administrative law judge; or 2. Presided over information gathering or order drafting proceedings; that directly applied to the employer or to a parent or subsidiary of the employer in a material manner. i. A former state officer, employee, or special state appointee who forms a sole proprietorship or a professional practice and engages in a business relationship with an entity that would otherwise violate this section must file a disclosure statement with the commission not later than one hundred eighty (180) days after separation from state service. The disclosure must: 1. be signed by the former state officer, employee, or special state appointee; 2. certify that the former state officer, employee, or special state appointee is not an employee of the entity; and 3. state in detail the treatment of taxes, insurance, and any other benefits between the entity and the former state officer, employee, or state appointee. J. The inspector general may not seek a state elected office before the elapse of at least three hundred sixty-five (365) days after leaving the inspector general position. http://www.in.gov/ig/2340.htm 11/13/2015 *Oaf*, 5:x Common Council City of South Bend Indiana Henry Davis,Jr.,2nd District Council Member 4th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-5983 (574)235-9173 Facsimile (574)235-5567 TTY/TDD November 16, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Post City Employment Restrictions Dear Council Members: The attached proposed ordinance would elevate the transparency and professional standards for the City of South Bend.More specifically,it calls for a one(1)year prohibition for any"appointee, employee or official"[same terminology used in Mayor's Executive Order]who works for city government from working for an employer which he or she had been engaged in the administration or negotiation of any contract or agreement on behalf of city government during his/her service with the city. It also provides for a waiver of some or all of this 1-year prohibition,if the City establishes a formal Ethics Commission who would review such requests on a case by case basis in public: Currently under the Mayor's Executive Order on ethics, he has given authority to the Corporation Counsel to waive provisions of that Order, however the Executive Orders and current personnel policies are silent with regard to the proposed 1-year employment ban. As you are aware, state employees have a 1-year ban similar to the one I am proposing. I have attached a copy of the Indiana Office of the Inspector General's"Post-Employment Restrictions". For comparison purposes, I am also attaching copies of summaries of policies in place in New York, Chicago and the federal government. I look forward to discussing this with you at a Personnel and Finance Committee meeting. Thank you. Mos ;. ly,� /4 •avis, Jr. 2 d District Council Member Attachments our Basic Rules For Leaving City Service I) JOB HUNTING: Don't negotiate for a job with any company you are currently involved with as part of your City duties. Even scheduling an interview would violate this rule. 2)REVOLVING DOOR: You must wait a year to reappear before your former City agency on behalf of your new employer. This includes calling, writing or e-mailing as well as personal visits. 3) LIFETIME BAR: If you have worked for the City on a particular matter, such as a contract, investiga- tion, audit or lawsuit, you can never work on that same particular matter again for your new private employer, even after a year. 4) CONFIDENTIAL INFORMATION:: The City's confidential information is still confidential after you leave, so be sure not to share anything confidential with your new employer. MORE QUESTIONS? WHEN IN DOUBT, CHECK IT OUT! FREE LEGAL ADVICE FROM COIB. There are plenty of additional topics not covered here that might be relevant to your personal situation, such as: --,1`� the government-to-government exception, individual waiver,and ministerial or social appearances. Our attorneys will be hapy to walk you through all the deils you need to know. Call the New York City Conflicts of In er st Board at(212)442-1400 for free legal advice on any question you may have about how these rules impact on your personal situation. All questions are confidential,and you may contact the Board anonymously. City of Chicago :: Post Employment Restrictions Page 1 of 2 Post Employment RestrictionsEng°sh I Espanol , $fr I Polski Every government ethics law has post-employment or"revolving door"restrictions,designed to prevent former government officials and employees from improperly profiting from their government ties or"inside"knowledge. After you leave your City employment or service(whether voluntarily,involuntarily or by retirement),there may be certain activities,matters or projects with or before the City on which you cannot work. These prohibitions may last for 1 or 2 years,or perhaps longer. The restrictions are in the City's Governmental Ethics Ordinance,and some recent amendments are effective July 1,2013. This brief guide explains how Chicago's restrictions work. ETHICS PLEDGE: Department heads,non-clerical Mayoral employees,and appointees,and other Executive Branch Shakman-exempt employees must,within 2 weeks of being hired or appointed,sign an ethics pledge acknowledging that they will abide by these lobbying restrictions. PROHIBITIONS There are 6 key prohibitions. They BEGIN After you leave your City employment or service,not when you move from one city position to another. 1. First,department heads and non-clerical employees of the Mayor's Office may not,for two years after leaving City service,lobby'any City department,employee or official.After January 1,2014,aldermen will be prohibited from lobbying any City department,employee or official for a period of one year after leaving office. 2. Second,other former Shakman-exempt City employees from the Executive Branch and Mayoral appointees to City boards or commissions,may not,for two years after leaving City service,lobby'the City department, agency or commission in which they served,or any City employee or official in a department,agency or commission in which they served. 3. Third,for 1 year after a City employee or official leaves City service or employment,he or she may not assist (even"behind the scenes"),represent or lobby for any person,like a new employer or client,on a business transaction that involves the City if,while in City service,he or she was personally and substantially involved in the "subject matter'of that transaction. What is the"subject matter"of work that a new employer or client has asked someone to work on?That's often a fact-dependent,complex question. A City employee or official exploring a job offer with a person or company that deals with City government should contact Board legal staff to discuss how this restriction applies. 4. Fourth,if a former City employee or official exercised"contract management authority'with respect to a City contract,he or she may not assist any person(like a new employer or new client)on that contract.This restriction is"permanent"—in other words,for the life of that contract.'Contract management authority'means being personally involved in or having direct supervisory responsibility for the formation or performance of a City contract.it includes preparing contract specifications,evaluating bids or proposals,negotiating contract terms, supervising contract performance,or approving payment vouchers. 5. Fifth,a former City employee or official cannot assist or represent any person other than the City(like a new employer or new client)in any judicial or quasi-judicial proceeding involving the City if he or she was counsel of record or personally and substantially involved in that proceeding during City service. This bar lasts throughout the proceeding. 6. Sixth,a former City employee or official may not ever disclose information acquired in the course of City service,if that information is not available to the public. Last,there's a prohibition that applies to current City officials and employees. A City employee or official cannot negotiate possible future employment with any person(except another government entity)with a matter pending before him or her. •'Lobby means to act on behalf of another person,like an employer or client to influence any City action,like a contract,tax increment financing matter,real estate development zoning permit official endorsement or recommendation,or an Ordinance change or other City Council matter This does not apply to City Council employees. 4 NOTES 1. First,there is a GOVERNMENT TO GOVERNMENT EXCEPTION:these restrictions do not apply to former City official employees or officials who become employed by and act on behalf of another govemment agency. 2. Second,these restrictions do NOT prohibit former City employees or officials from accepting employment with any specific person,organization or firm after leaving City employment. Rather,they're matter-based there may be certain projects or matters on which the former City employee or official may not work. 3. Third,they're personal to the former employee or official:any restrictions apply to the former employee or official, personally.One's new employer or client is not prohibited from having City transactions or contracts on which one personally is prohibited from working. But,there must be a proper"ethical screen'established so that they the former City official or employee does not assist,represent or lobby for the new employers or clients on those matters. 4. Fourth,the Board recognizes a"trade-skill exception":the Ordinance's goals are not furthered by prohibiting former City employees from performing trade skills they've developed and acquired,where no specialized into this p regulations s exception sa determ nation hat mustbe made by the B and of Ethics based ponsthe specific facts.falls PENALTIES There are severe penalties for violating these post-employment provisions. Any contract negotiated,entered into or performed in violation of restrictions can be voided by the City. Violators can be fined up to$2,000 per offense. Permits,licenses,rulings,determinations or other official City actions sought,obtained or begun in violation of the https://www.cityofchicago.org/city/en/depts/ethics/supp_info/post-employ-rest.html 11/13/2015 City of Chicago :: Post Employment Restrictions Page 2 of 2 Ordinance are invalid.The City may pursue all legal or equitable remedies against a violator in court(including suing for the violator to give up or"disgorge"all monies earned as a result of a violation). QUESTIONS?-This brief plain-English guide is intended to help readers develop a basic understanding of Chicago's revolving door restrictions.For authoritative confidential guidance in any particular situation,we recommend consulting with the Board of Ethics. We're at 312.744.9660;our email is sberlin @cityofchicago.org https://www.cityofchicago.org/city/en/depts/ethics/supp_info/post-employ-rest.html 11/13/2015 U.S. Office of Government Ethics -After Leaving Government Page 1 of 2 UNITED STATES OFFICE OF GOVERNMENT ETHICS * mass Preventing Conflicts of Interest in the Executive Branch After Leaving Government An executive branch employee may be affected by conflict of interest restrictions after leaving Government service (or after leaving certain high-level positions).As highlighted in the bullet points below, there are several legal authorities that address post-Government employment, and certain authorities contain more than one restriction. A particular former employee can be affected by more than one post-Government restriction. Caveat: The bullet points are not comprehensive. Ethics officials and others should consult the legal authorities, regulatory guidance, and relevant legal opinions. In general, former executive branch employees should seek advice from the Designated Agency Ethics Official or another ethics official at the agency in which the individual formerly served. Restrictions on Contacts with the Government on Behalf of Others • A former employee may be prohibited from having contact with an employee of any Federal agency or court, on behalf of another person or entity, concerning an official matter with which the former employee was involved as a Government employee. 18 U.S.C. §207. • A former high-level employee or former political appointee may be prohibited from having contact with an employee of his or her former Federal agency (and perhaps certain officials at other agencies), on behalf of another person or entity, concerning any official matter. 18 U.S.C. §207; Executive Order 13490 (the Ethics Pledge). • A former political appointee may be prohibited from lobbying a Government official on behalf of a client for whom he is registered as a lobbyist. Executive Order 13490 (the Ethics Pledge). Restrictions on Providing Assistance to Others • A former employee may be prohibited from providing certain assistance to another person or entity concerning an ongoing trade or treaty negotiation (even though the assistance does not involve contact with a Government employee). 18 U.S.C. §207. • A former high-level employee may be prohibited from providing certain assistance to a foreign government or foreign political party(even though the assistance does not involve contact with a Government employee). 18 U.S.C. §207. Restrictions on Accepting Compensation or Employment • A former employee may be prohibited from sharing in profits earned by others if the money was earned from having contact with the Government on behalf of third parties (e.g., clients)while the former employee was still in Government. 18 U.S.C. §203. • A former employee may be prohibited from accepting compensation from a contractor if the former http://www.oge.gov/Topics/Post-Government-Employment/After-Leaving-Government/ 11/13/2015 U.S. Office of Government Ethics -After Leaving Government Page 2 of 2 employee served in a Government position or made a Government decision involving more than $10,000,000 given to that contractor. 41 U.S.C. §2104 (formerly 41 U.S.C. §423). • A retired member of the uniformed services may not accept employment(or compensation for that employment)from a foreign government unless he or she first obtains approval from the Department of State. The Emoluments Clause of the U.S. Constitution. Other Restrictions A former executive branch employee may be subject to additional restrictions imposed by agency-specific laws. Also, every former employee must ensure that his or her post-Government activities are in compliance with other requirements that may apply without regard to the individual's employment by the Government. For example, if a former employee will serve as the agent of a foreign principal, the individual must comply with the Foreign Agents Registration Act. The information on this page is not a substitute for individual advice. Agency ethics officials should be consulted about specific situations. U.S. Office of Government Ethics 1201 New York Avenue, NW. Suite 500 Washington, DC 20005 http://www.oge.gov/Topics/Post-Government-Employment/After-Leaving-Government/ 11/13/2015 iLt ( ijo 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 2015 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances#10331-14 passed on October 27, 2014 and#10323-14 passed on October 13, 2014)which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2015. 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 are 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. Membe ommon Council Attest: Signhig of tlds b on 17 is Daly t;3 tNCrAde de City Clerk o pD ns1Y for pdb"» he Council action this f�sua. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2015 at o'clock . m. Mayor, City of South Be d,tlridiarwia' Ste" ° ' “'"' 1st READING \, V PUBLIC HEARING q 3rd READING xif9V 1 Z015 :NOT APPROVES "EFERRED 1 a� r°ASSED s;D,[P C.�A` . t+ 1 . i . 1 1 li City of South Bend,Indiana December 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) November 13,2015 Budget • Department Fiscal Officer/ Account 1 Project Increase/ Fund Name Name Account Name Contact Name Number I Number (Decrease) l Justification General Fund City Cleric Otficlal.Records Kareemah Fowler 101-0201411-21-01 (500)To transfer unused funds to cover shortage in advertising of City Ordinances and Resolutions General Fund City Cleric Law Books Kareemah Fowler 1O1-0201411-21-05 (500,To transfer unused funds to cover shortage in advertising of City Ordinances and Resolutions General Fund City Clerk Legal Publications Kareemah Fowler 101-0201411-33-02 _ 1,000 To transfer unuse d funds to cover shortage in advertising of City Ordinances and Resolutions i • 0 General Fund City Clerk Office Equipment Capital Kareemah Fowler 101-0201411-43-03 (13,400)To transfer funds to cover lower cost copier and professional services General Fund City Clerk Other Office Equipment Kareemah Fowler 101-0201411-22-60 5,848 Copier budgeted as capital but purchased for less than$10,000 General Fund City Clerk Professional Services Kareemah Fowler 101-0201411-31-06 7,552 To transfer unuse d copier funds to cover professional services 0 General Fund • Common Council Health Insurance Kareemah Fowler 101-0301-411-11-08 (14,000)To transfer unspent funds to cover potential professional service costs General Fund Common Council Professional Services Kareemah Fowler 10t-030141131-06 _ 14,500 To budge t for potential professional service costs General Fund Common Council Office Equipment Kareemah Fowler 101-0301-411-21-16 4,000 To budget for small office equipment purchases General Fund Common Council Meeting Expenses Kareemah Fowler 101.0301-41139-]1 (1,000)To transfer unspent funds to cover office equipment General Fund Common Council Promotional Kereemah Fowler 1O1-0301411-33.03 (3,500)To transfer unspent funds to cover office equipment and professional services __ 0 1 General Fund AdmlNFlnance Salaries Jen Hockenhull 101-0401-415.10-01 (14,645)To use unspent funds to cover below General Fund Mayors Office Salaries Jen Hockenhull 101-0101413-10-01 12,930 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expected vacancies General Fund Mayors Office FICA Jen Hockenhull 101-0101413-11-01 1,120 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expected vacancies General Fund Mayors Office PERF Jen Hockenhull 101-0101413.11-04 595 Full staffing all year,unable to absorb 3%cut to 2015 budget based on expected vacancies 1 14,645 General Fund Engineering Small Office Equipment Cecil Eastman 101-0602431-21405 23,200 New office furniture General Fund Engineering Regular Salaries Cecil Eastman 101-0602431-10401 (15,000)To use unspent funds to cover new office furniture General Fund Engineering Seasonal&Interns Cecil Eastman 101-0602431-10403 (2,000)To use unspent funds to cover new office furniture General Fund Engineering Permanent Part Time Cecil Eastman 101-0602431-10409_ (2000)To use unspent funds to cover new office furniture General Fund Engineering FICA Cecil Eastman 101-0602-431-11-01 (1,000)To use unspent funds to cover new office furniture General Find Engineering PERF Cecil Eastman 101-0602431-1104 • (1,000)To use unspent funds to cover new office furniture General Fund Engineering Parking Allowance Cecil Eastman 101-0602431-11 422 (2,200)_To use unspent funds to cover new office furniture 0 1 I General Fund Police Group Insurance Ken Glowacki 101-0801421-1140] • (50,000)To transfer saving In health insurance to cover legal expenses General Fund Police Legal Service Ken Glowacki 101-080142131401_ 50,000 To transfer saving in health Insurance to cover legal expenses . 0 COT Police Operating Supplies-CS Gas Ken Glowackl 404-0801421-22!01 (100,000)Transfer savings in gas to partially coverthe cost of 2015 Professional Services COIT Police Other Professional Services Ken Glowacki 404.0801421-31-06 100,000 Transfer savings in gas to partially cover the cost of 2015 Professional Services i 0 1 Police Grants Police Other Operating Supplies Ken Glowacki 292.8830421-2244 1,000 Transfer savings in Misc.Charges&Services to cover purchases In Other Operating Supplies Police Grants Police Misc.Charges&Services Ken Glowacki 292-88304213949 (1,000)Transfer savings In Misc.Charges&Services to cover purchases In Other Operating Supplies 0 Police Academy Police Misc.Charges&Services Ken Glowacki 294-0801421-3%89 600 Transfer savings in the 8101 account to cover spending the in 0801 account Police Academy Police Misc.Charges&Services Ken Glowackl 294-810142149489 (600]Transfer savings in the 8101 account to cover spending the in 0801 account I 0 • 1 General Fund Human Rights Regular Salaries Jen Hockenhull 101-100841540401 5,000 Full staffing all year,unable to absorb 3%wt 102015 budget based on expected vacancies General Fund Human Rights Part Time Wages Jen Hockenhull 101-100841540.09 • 4,000 More part time hours worked due to case load General Fund Admin/Finance Regular Salaries Jen Hockenhull 101-040141540401 (9,000)Staffing vacancies during the year and actual salaries paid loss than maximum for positions 1 a General Fund Admin/Finance Other Office Supplies Jen Hockenhull 101-0401415-21404 2,600 Reconfiguration of the mail room area and set up of new accounts payable file room shelving General Fund Admin/Finance Regular Wages Jen Hockenhull 101-0401415-1010, 1 (2,600)Salary savings from position vacancies during the year General Fund Admin/Finance Other Professional Services Jen Hockenhull 101-040141531406 60,000 Professional services for strategic consulting on communications,diversity and inclusion General Fund AdminFinence Regular Wages Jen Hockenhull 1014401415-10401 (60,000)Salary savings from position vacancies during the year i 0 1 • General Fund Fire Overtime Todd Skwarcan 101-09014224044 420,000 Fire department overtime higher than budgeted General Fund Fire Legal Expenses • Todd Skwarcan 101-0801422-31401 80,000 Fire department legal expenses not included in 2015 budget General Fund Fire Operating Transfer Out Todd Skwarcan 101-0901422-50402 (500,000)_Transfer to EMS fund for capital not needed because of Medicaid reimbursement check funding 1 0 Parks Department Parks Other Professional Services Ron O'Connor 201-1100-452-31406 K6OADM 1,200 To tranafer funds to cover budget shortfalls Parks Department Parks Postage. Ron O'Connor 201-1100-452-32402 K6DADM 1,600 To transfer funds to cover budget shortfalls December 2015 Budget Amendments 11/17/2015 Pagel . l (City of South Bend,Indiana . J • December 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) November 13,2015 ' Budget • ' Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease) Justification Parks Department Parks Small Office Equipment Ron O'Connor 201-1100-452-2145 K6OADM (2600)To transfer funds to cover budget shortfalls Parks Department Parks _Contract Services/Charges Ron O'Connor 201-1101-452-39-89 K6OADM 70,000 To transfer hinds to cover budget shortfalls Parks Department Parks Central Services Gasoline Ron O'Connor 201-1101452-2241 K6OADM (40,000)To transfer funds to cover budget shortfalls Parks Department Parks Building Supplies Ron O'Connor 201-1101452-23,01 K6OADM (5,000)To transfer funds to cover budget shortfalls ' Parks Department Perks Small Tools&Equipment Ron O'Connor 201-1101-452-23-20 K6OADM (5,000)To transfer funds to cover budget shortfalls Parks Department Parks Capital Lease Principal Ron O'Connor 201-1101-452-3711 K6OADM (10.000)To transfer funds to cover budget shortfalls Parks Department Parka Inter Fund Oper Transfer Ron O'Connor 201-1101-452-50-02 K6OADM (10,0001 To transfer funds to cover budget shortfalls • Parks Department Parks Small Office Equipment Ron O'Connor 201-1102-452-2145 K60ADM 2,000 To transfer funds to cover budget shortfalls Parks Department Parks Inventory For Sale Ron O'Connor 201-0102.452-22-29 K6OADM 47,000 To transfer funs to cover budget shortfalls Parks Department Parks Concession Inventory Ron O'Connor 201-1102-452-22-30 K6OADM 38,000 To transfer funds to cover budget shortfalls Parks Department Parks Repair Parts Ron O'Connor_201-1102-452-23-10 K6OADM 7,000 To transfer funds to cover budget shortfalls Parks Department Parks Inter-Fund Oper Transfer Ron O'Connor 201-1102152-50-02 K6OADM (70,000)To transfer funds to cover budget shortfalls . Parks Department Parks Regular Wages Ron O'Connor 201-1102-452-1041 K6OADM . (24,000)To transfer funds to cover budget shortfalls Parks Department Parka Central Services Gasoline Ron O'Connor _201-1104-452-22-01 K6OADM 900 To transfer funds to cover budget shortfalls Parks Department Parks Automotive Equipment Ron O'Connor 201-1104-452-36703 K6OADM 9,000 To transfer funds to cover budget shortfalls Parks Department Parks Contract Services/Charges Ron O'Connor 201-1106-452-3989 K6OADM (2,000)To transfer funds to cover budget shortfalls Parks Department Parks Operating/Meryl Supplies Ron O'Connor 201-1108-452-22-24 K6OADM 1,700 To transfer funds to cover budget shortfalls Parks Department Parka Telephone Ron O'Connor 201-1108-452-3244 K6OADM_ 1,000 To transfer funds to cover budget shortfalls . ParksDepartment Parks Inter-Fund Oper Transfer Ron O'Connor 201-1103-452-5042 K6OADM (15,500)-To transfer funds to cover budget shortfalls Parks Department Parks Legal Ron O'Connor 201-1100-452-3141, K6OADM 4,900 To transfer funds to cover budget shortfalls 0 Petits NonRevertinq Perks Inventory for Sale Ron O'Connor 203-1103-452-22-29 K3ADMN 3,500 To transfer funds to cover budget shortfalls Parks NonReverting Parka Concessions Inventory Ron O'Connor 203-1103-452-22-30 K3ADMN 20,000 To transfer funds to cover budget shortfalls Parks NonReverting Parka Contract Services/Charges Ron O'Connor 203-1103-452-3989 K3ADMN (23,500),To transfer funds to cover budget shortfalls 0 Parks NonReverting Parks Intedund Oper Transfer Ron O'Connor 203-1103-452-50-02 K3ADMN 3,550 To transf er funds to cover budget shortfalls Parks NonReverting Perks Contract Services/Chajgas Ron O'Connor 203-1103-452-3949 K3ADMN (3,5501 To transfer funds to cover budget shortfalls - 0 Central Services Capital Central Services _Building Mary WSnlewad 224.0505-419-38-01 8,542 Sample St Garage repairs&Riverside DrCNG compressor maintenance Central Services Capital Central Services Capital Materials&Equipment Mary Waniewski,224-0805-4191310 (8542),Transfer unused funds to cover above 0 Business insurance Admin&Finance Workers'Comp-Police/Fire _ Penny Prico 226-0418571-34-20 70,000 To cover higher workers'comp costs-refund check received to cover higher claims Business Insurance Admin&Finance Liability Claims Penny Price 2260412572-39.01 (70000),To cover higher workers'comp costs-refund check received to cover higher claims 0 Loss Recovery Various Professional Services • Cecil Eastman 227-0401-41531-06 _ 1 Encumbrance rounding-Weaver Boos Loss Recovery Various Signals&Lights _Cecil Eastman 227-0602-431-22-04 7,190 Martell Electric PO increased by BPW for Yard Lamppost Program Loss Recovery Various Professional Services Cecil Eastman 227-0631-793-31-06 (7,191)To cover budget shortfalls 0 Local Road&Streets Traffic&Lighting Traffic Signal Maintenance Cecil Eastman 251-0698-431-36-67 _ 80,000 Reverse Group#6428 booked in ertor from 929/15-Martell Electric PO$72,575 Local Road&Streets Traffic&Lighting Traffic/Signs/Other Cecil Eastman 251-0608-431-22-30 (80,000)Unused budget to cover above expenditure 0 EMS Operating Fund EMS Group Insurance Todd Skwarcan 288-0902-422-11-06 (100,000)To transfer benefits savings toward equipment needs(tablets,mobile data terminals,turn out gear,fitness equipment,etc.) EMS Operating Fund EMS Computer Equipment Todd Skwarcan 288-0902-422-36-04 100,000 To transfe r benefits savings toward equipment needs(tablets,mobile data terminals,turn out gear,fitness equipment,etc.) 0 COIT AdmirUFin IT Capital Jen Hockenhul 404-0672-415-43-08 (191,000)Funds for wireless infrastucture improvement projects:were misbudgeted un"IT Capital" COIT AdmbcFin IT Computer Equipment Jen Hockenhul 404-0672-415-36-04 191,000 Funds for wireless Infrastructure improvement projects;were misbudgeted un"IT Capital' COIT Admin/Fin Legal Expenses Jen Hockenhul 404.0817-431-31-01 60,000 Unanticipated legal expenses paid for various projects COIT Admln/Fln Electricity Jan Hockenhul 404-0617-431-35-01 60,000 Higher electricity costs than anticipated COIT - Admin/Fin intern Salary Jen Hockenhul 4044672-415-10-03 (41,000)To use unspent funds to cover above COIT Admin/Fin Cell Allowance Jen Hockenhul 404-0672.415-11-24 (4,320),To use unspent funds to cover above COIT Admin/FIn Parking Allowance Jen Hockenhul 404-0672-415-11-22 (4,320)To use unspent funds to cover above COIT Admin/FIn Training Jen Hockenhul 404-0672-415-39-70 (60,000)To use unspent funds to cover above COIT Admin'Fin Group Insurance Jen Hockenhul 404-0672-415-1148 (9,000)To use unspent funds to coveraboge COIT AdmirVFin PERF Jen Hockenhul 404-0672-415-11-04 (1,360)To use unspent funds to cover above 0 Park NonReverting Capital Parks Maintenance Supplies Ron O'Connor 405-1101-452-22-24 K6OADM 8,400 To transfer funds to cover budget shortfalls Park NonReverting Capital Parks Refunds,Awards,Indemnities Ron O'Connor 405-1101-4524901 K6OADM 200 To transfer funds to cover budget shortfalls Park NonReverting Capital Parks Maintenance Supplies Ron O'Connor 405-1104-452-22-24 K6OADM (8,800)To transfer funds to cover budget shortfalls Park NonRevertinq Capital -Parks Repair&Maintenance Supplies Ron O'Connor 405-1102-452-23-99 K6OADM 14,000 To transfer funds to cover budget shortfalls December 2015 Budget Amendments 11/172015 Paget City of South Bend,Indiana December 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) November 13,2015 Budget . Department Fiscal Officer/ Account ' Project Increase/ ' • Fund Name Name Account Name Contact Name Number I Number (Decrease) Justification Palk Non Reverting Capital Parks Maintenance Supplies Ron O'Connor 405.1102-452-22-24 K6OADM (14,000)To transfer funs to cover budget shortfalls Park NonReverting Capital Parks Contact Services/Other Ron O'Connor 405-1102-452-39:-89 K6OADM 21000 To transfer funds to cover budget shortfalls Park NonReverting Capital Parts Park Equipment • Ron O'Connor 405-1102-452-43'-07 K6OADM (21,000),To transfer funs to cover budget shortfalls I • 0 • Building Fund Code Enforcement Other Operating Supplies Seema Tmble 600-1201-015.22 724 3,000 Purchasing blinds for department with unspent funs in auto equipment ' Building Fund Code Enforcement Official Records Seema Tmble 600-1201-415-214)1 1,000 Expenditures higher than budget Building Fund Code Enforcement Automotive Equipment Seema Timble 600-1201-4153503 (,0O0),Cover blinds and official records costs Building Fund Code Enforcement Motor Equipment Seema Table 600.1201-415-43102 34,000 Purchasing(2)tractors with unspent site mowing funds Building Fund Code Enforcement Site Mowing Seema TImble 600-1201-4153613 (34,000)Cover cost of tractors with unspent funds Building Fund Code Enforcement Other Professional Services Seema Timble 600-1201-415310 24,500 To cover cost of Accela support • Building Fund Code Enforcement Operating Supplies Seema Timble 600.1201-415-22-24 (15,000),Transfer unspent funds to cover Accela support Building Fund Code Enforcement • Misc Charges Seema Timble 600-1201-41535-89 (11,500)Transfer unspent funds to cover Accela support Building Fund Code Enforcement Print Shop Seema Timble 600-1201-415-21402 2,000 Expenditures higher than budget I 0 Paddng Garage Fund Community Investment R&M Services-Building John March 601-0482-6453101 (41,000),,Unspent funds used to cover below ' Parking Garage Fund Community Investment R&M Services-Building John March 601-0464645-36-01 25,000 Repairs on Wayne St Garage are greater than originally estimated Parking Garage Fund Community Investment Other Professional Services John March 601-0464645.31:-06 10,000 Elevator repairs mom than expected.Will replace elevator as soon as possible Parking Garage Fund Community Investment Other Professional Services John March 601-0463645.31'-06 6000 Unanticipated equipment repairs I e Solid Waste Fund Solid Waste Bad Debt E Expense Repair Carol Kurzhal 610-0615-791-33400 60,000 Repair tcosts predict;no higher or than ten expected p Solid Waste Fund Solid Waste Bad Debt nepense Carol Kurzhal 610-0610-7916100 0,000 Increased to use of nob has le send to predict expense Solid Waste Fund Solid Waste CS MD Gasoline Carol Kurzhal 610-0610-791-22-01 (40,000)MoreaseE ese of CNG has lessened gas/diesel fuel usage Solid Waste Fund Solid Waste SWMD Recycling Fee Carol Kurzhal 810.0615]91-31'08 (42,060)_MOnNIy fees less than budgeted 0 Solid Waste Fund Solid Waste Bad Debt Expense-Trash _ Carol Kurzhal 610-0610-79163-70 10,000 Difficult to predict;no trend or pattern to predict expense Solid Waste Fund Solid Waste Bad Debt Expense-Recycle Carol Kurzhal 610.0615-7936340 2,000 Difficult to predict;no trend or pattern to predict expense Solid Waste Fund Solid Waste Landfill 4 Carol Kurzhal 6106117-791-39-85 (12,000)Expect to have budget available at year end • 0 Water Works Operating Fund Non-Capltal Office Equip Roxanne Lawson 620-0640-601-24-51 4,500 Furnishing needed for 2 new office spaces at North Pumping Station Water Works Operating Fund Engineering Services Roxanne Lawson 620-064065531-02 (4,500)Transfer unspent funds Water Works Operating Fund Small Tools&Equipment Roxanne Lawson 620-0840.603.23-20 27,000 Cover the cost of Day Tank&Scales,Phosphate Tank and small supply items Water Works Operating Fund Group Health Insurance Roxanne Lawson 620-0640658-11-08 (27,000)Transfer unspent funds Water Works Operating Fund Other Equipment Repairs Roxanne Lawson 820-0640603-36-05 27,000 Cover the cost of a desiccant wheel at Olive GAG Facility and ether needed service work Water Works Operating Fund FICA Roxanne Lawson 6220-0840658.11-01 (13,500)Transfer unspent funds Water Works Operating Fund PERF Roxanne Lawson 620-0640655-11-04 (13,500)Transfer unspent funds Water Works Operating Fund Other Professional Services Roxanne Lawson 620-0640-60431-06 50 Cover additional cost of crane inspection work Water Works Operating Fund Building R&M Roxanne Lawson 620-0640-604-36-01 15,000 Cover cost of deferred maintenance-mostly repaired/replaced HVAC heating units Water Works Operating Fund Other Equipment Repairs Roxanne Lawson 820-0640604-36-05 18,000 Cover the cost of a backwash pump rebuild for Edison WTP and other smaller service work needed Water Works Operating Fund Electric Roxanne Lawson 620-0640-601-35-01 (33,050)Transfer unspent funds Water Works Operating Fund Contractual Services Other Roxanne Lawson 820-0840606-31-51 91,000 Cover additional service cost related to outsourced utility out repair work Water Works Operating Fund Regular Salaries Roxanne Lawson 620-0640-658-10-01 (40,000)Transfer unspent funds Water Works Operating Fund Seasonal&Interns Roxanne Lawson 6200640.858-10-03 _ (21,000)Transfer unspent funds Water Works Operating Fund Water System Repairs Roxanne Lawson 620-0640-606-36-61 (30,000)Transfer unspent funds Water Works Operating Fund Computer Supplies Roxanne Lawson 620-0640-657-22-08 5,000 Cover cost of a printer replacement and a IVR extension payment module custom report Water Works Operating Fund Stop Box Repairs Roxanne Lawson 820-0640-606-36-50 (5,000)Transfer unspent funds Water Works Operating Fund Contractual Services Other Roxanne Lawson 620-0640-657-31-35 111,000 Cover cost of unexpected increase in credit card settlement fees and 311 call center fees Water Works Operating Fund Hourly Salaries Roxanne Lawson 620-0640656-10-02 (95,000)Transfer unspent hinds Water Works Operating Fund Stop Box Repairs Roxanne Lawson 620.0840606-3650 (16,000)Transfer unspent funds • Water Works Operating Fund Bad Debt Expense Roxanne Lawson 620-0640-65763-70 10,000 Cover a potential Increase in uncollectable customer accounts Water Works Operating Fund Other Professional Services •Roxanne Lawson 820-0640-65831-06 (10,000)Transfer unspent funds I 0 • Water Works Operating Fund Contractual Services Other Roxanne Lawson 620-064060631-51 66,150 Cover additional service costs related to outsourced utility cut repair work . WaterWorks Operating Fund Unemployment Comp Roxanne Lawson 620-0640-658-11-07 (6,150)Transfer projected unspent funds Water Works Operating Fund Plumbing Contractors Roxanne Lawson 620-0630.71161-02 (60,000)Transfer projected unspent funds g Sewage Oper&Maintenance Wastewater Bad Debt Expense-Clay Utilitie Carol Kurzhal 641-0650651-74-01 2,000 Difficult to predict does not follow any trend orpattem Sewage Oper&Maintenance Wastewater Various Chemicals Carol Kurzhal ,641-0630-79365-06 (2,000)Expect to have budget available at year end 0 Sewage Oper&Maintenance Sewer Concrete Liability Insurance Tent Swift 641-0625-792-34-02 _ 2 To correct rounding error Sewage Oper&Maintenance Sewer Concrete Fleet Maintenance Tent Swift 641-0625.79236.03 12600 Used 3-year average when setting up the budget'actual was slightly higher than expected. December 2015 Budget Amendments • • 11/17/2015 Page3 • 'City of South Bend,Indiana ' December 2015 Budget Transfers (budget transfers between expenditure categories or departments within the same fund) November 13,2015 • ' Budget Department Fiscal Officer/ Account Project Increase/ Fund Name Name Account Name Contact Name Number - Number (Decrease) Justification Sewage Oper 8 Maintenance Sewer Concrete Other Operating Supplies Tem Swift 641-0625.792-22-24 (12,502)_Reallocate funds to cover expected deficits 0 Project ReLeaf Retest Automotive Equipment Terri Swift 655-0609-03536-03 5,100 Increased budget amount to cover maintenance/repair leaf vacs Project Retest ReLeaf Other Operating Supplies Terri Swift 655-0609-435-22-24 (5100)Reallocate funds to cover deficit in vehicle main tenance/repair account 0 2012 Sewer Bond Wastewater Legal Carol Kurzhal 661-0415-415-31-01 1,937 Transfer funds to cover legal expenses • 2012 Sewer Bond Wastewater Engineering Carol Kurzhal 661-0621-415-31- 02 (1,937)Available budget • 0 Century Center Century Center Group Insurance Chris Kinnard 670-0406-645-11-08 (83,500)To cover shortfalls in below accounts Century Center Century Center Uniforms , Kinnard 670-0406-645-22-05 200 Costs higher than budget . Century Center Century Center Cleaning Supplies • Chris Kinnard 670-0406-845-22-15 2,500 Costs higher han budget Century Center Century Center Building Materials Chris Kinnard 670-0406-645-23-01 8,300 Costs higher than budget Century Center Century Center Salt Chris Kinnard 670-0406-645-23-40 4,000 Coals higher than budget Century Center Century Center Commission Payments Chris Kinnard 670.0406-645-31-21_ 24,000 Costs higher than budget Century Center Century Center Liability-Other Chris Kinnard 670.040664534-05 14,500 Costs higher than budget ' Century Center Century Center Electric Chris Kinnard 670-0406-645-35-01 20,000 Costs higher than budget Century Center Century Center Water Chris Kinnard_670-0406-645-35-04 6,000 Costs higher than budget Century Center Century Center Credit Card Charges Chris Kinnard 670-0406-645-39-39 4,000 Costs higher than budget Century Center Century Center Workers'Comp Chris Kinnard 870-0420-645-34-01 (11,000)All workers.comp has been paid out of division 0406 Century Center Century Center Workers'Comp Chris Kinnard 670-0406-64634-01 11,000 Costs higher than budget Century Center Century Center Permanent Part Time Chris Kinnard 670.0406-645-10-09 (21000)To cover shortfalls in below accounts Century Center Century Center Buildings Chris Kinnard 670-0408-645-36-01 - 21,000 Costs higher than budget Century Center Century Center Liability-Other Chris Kinnard 670-0420-645-34-05 (3,000)To cover shortfalls in below accounts Century Center Century Center Building Materials Chris Kinnard 670-0420-645-23-01 3,000 Costs higher than budget Century Center Century Center Hourly Chris Kinnard 670-0420-645.10.02 (94,500)To cover shortfalls in below accounts Century Center Century Center Cost of Goods Sold 'Chris Kinnard 670-0420-645-22-29 74,000 Costs higher than budget Century Center Century Center Linen 8 Decor Chris Kinnard 670.0420-81622-72 10,000 Costs higher than budget ' Century Center Century Center Buildings Chris Kinnard 670-042064636-01 9,500 Costs higher than budget Century Center Century Center Credit Card Charges Chris Kinnard 670-0420-64539.39 1,000 Costs higher than budget 0 Grand Total 0 • • December2015 Budget Amendments 11/172015 Page4 SOUTN g'•••. o : I200N COUNTY-CITY BUILDING rF, \\ /�% 2°- PHONE 574.235.9216 227 W. JEFFERSON BLVD. ° U �� \\ i•, C .\enF,E - ^^ FAX 574.235.9928 SOUTH BEND,INDIgNq 46601-1830 ' G��}�'a7,? % 1865 k CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 13, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: December 2015 Budget Transfer Ordinance Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods—March, June, September and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1S`reading on November 23, 2015 with 2nd reading,public hearing and 3`d reading scheduled for December 14, 2015. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7678. egards, � u J H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller OR` , 16 a/ ��� � C -1r' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $233,296 FROM COUNTY OPTION INCOME TAX FUND (#404)AND $87,500 FROM LOCAL ROAD & STREETS FUND (#251). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (Ordinances#10331-14 passed on October 27, 2014) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital 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 2015 and set apart within the following designated funds for expenditures as follows: Fund Amount County Option Income Tax (#404) $233,296 Local Roads& Streets (#251) 87.500 TOTAL $320,796 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval oft,- . or. Me� nra��wr_r o 04-- Attest: Signing ba 031 Pb'd£3^d tills ity for pttG'ic teanrg and &Ali if ackean this .;00 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015 at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2015 at o'clock . m. • Mayor, City of South Bend, Indiana INice READING 1 Z015 I PUBLIC HEARING 3 rd READING NOT APPROVED CITY CLE.;:c OLflN :Et 21,5 REFERRED PASSED • City of South Bend,Indiana December 2015 Additional Appropriation Requests-Civil City Funds (increase or decrease in total fund expenditures) November 12,2015 Department Budget Fund Name Fiscal Officer/ Account Project Increase/ - Name Account Name Contact Name Number Numb 1D ) Justification COIT Admin&Finance 'Election Costs Jen Hockenhull 404_0817-431-39601 233,296 E mate 2015 Election Costs per St.Joseph County Auditor-SOUK Bend share Local Road&Sweets Local Road&Streets (Street Maintenance Cepl Eastman 251-0808-031J6-10 87,500 Emergency Repair-Riverbank stabilization at Northshore Blvd. • Grand Total 320,796 • • December 2015 Budget Amendments 11/162015 Panel .1SQUTNe .. I 1200N COUNTY-CITY BUILDING \ 4, 0 PHONE 574.235.9216 227 W. JEFFERSON BLVD. Q \\ i•, i FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1$30 Al l „. /865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 13, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: December 2015 Appropriation Ordinance–Civil City Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods—March, June, September and December. Based on our budget review,we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on November 23, 2015 with 2nd reading,public hearing and 3`d reading scheduled for December 14, 2015. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7678. Regar s, JA H. Murphy City Controller CC: Pete Buttigieg,Mayor James Mueller, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Li 0 g &LI 7 7 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $10,000 FROM MPAC CAPITAL IMPROVEMENT FUND (#416), $4,000 FROM CUSTOMER DEPOSIT FUND (#624), $750 FROM WATERWORKS SINKING FUND(#625), $5,500 FROM WATERWORKS DEBT RESERVE O&M FUND (#629), $1,887,938 FROM SEWAGE O&M FUND (#641), $6,160 FROM SEWAGE WORKS O&M RESERVE FUND (#643), $2,827 FROM SEWAGE WORKS SINKING FUND (#649) AND $3 FROM 2007B SEWER BOND FUND (#651). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (#10323-14 passed on October 13, 2014), which included expenditures for various City enterprise 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 2015 and set apart within the following designated funds for operational expenses as follows: Fund Amount MPAC Capital Improvement Fund (#416) $ 10,000 Customer Deposit Fund(#624) 4,000 Waterworks Sinking Fund(#625) 750 Waterworks Debt Service Reserve O&M Fund(#629) 5,500 Sewage O&M Fund(#641) 1,887,938 Sewage Works O&M Reserve Fund (#643) 6,160 Sewage Works Sinking Fund(#649) 2,827 2007B Sewer Bond Fund (#651) 3 TOTAL S1,917,178 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approT o •- Mn or. Mem.e o 4 s'•• ouncil - Attest: Signing Of INs Ms only to provide an opportunity for pubi and City Clerk CO u €6 on S. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2015, at o'clock . m. Mayor, City of South Bend, Indiana it pa f L- Office 1st READING (--L3 PUBLIC HEARING 3 rd READING NOT APPR0VF1y REFERRER C1 +"' i +-ct '$ii PASSED ..d `_......_.:�.:,.,._,:....:..',_. ...:..,�._.._....: City of South Bend,Indiana December 2015 Additional Appropriation Requests-Enterprise Funds (increase or decrease in total fund expenditures) November 13,2015 Budget Department Fiscal Officer/ Account Project Increase/ • Fund Name Name Account Name Contact Name Number Number (Decrease) Justification Capital Improvement Fund (Morris PAC .Small g Tools i Equipment Marika Anderson 416-0404.453-36-001 5,000(Improving the Sound System on the Main level lobby and Upper level lobby-Equipment Capital Improvement Fund Morris PAC Building Services Martha Anderson 1416-0404-05336-01 I 5,000,Improving the Sound System on the Main level lobby and Upper level lobby-Service 0,000 1 Customer Deposit Waterworks Interfund Transfers Roxanne Lawso�24-0640.65850-02 4,000 I Greater earnings on investments year to date. Earnings are transferred out to Waters operating fund. 4,000 1 I WaterWorks Sinking Fund WaterWorks Interfund Transfers Roxanne Lawson 625-0640-658-50-02 750 Greater earnings on investments year to date. Earnings are transferred out to Waters operating fund. I 750 Debt Reserve O&M WaterWorks Interfund Transfers Roxanne Lawson 629.0640-658-50-02 5,500(Greater earnings on investments year to date. Earnings are transferred out to Waters operating fund. 5,500 1 Funds generated from userfees transferred to Fund 642 to be used for Capital project spending. Portion of Sewage 0&M Wastewater . funding for$11.6 million W WrP Secondary Improvements project which was awarded by BPW in September Operating Transfers Carol Kurzhal 641-0630-793-50-02 1,887 938 2015. Cash balance expected to be approx.$5.7million at 12/31/15. 1,887,938 Sewage Works O&M Reserve Wastewater Interfund Transfers Carol Kurzhal 643-0630-415-50-02 6 160 Underestimated interest eamin•s to be transferred to o•eratin.fund 641. 6160 Sewage Works Sinking Wastewater SRF Loan Interest Carol Kurzhal 649-0630473-38-02 2,827.Underestimated December interest payment 2,827 I 20078 Sewer Bond Wastewater Interfund Transfers Carol Kurzhal 6510630415-50-02 3 Remaining cash balance of$2.44 was transferred to the 2012 Sewer Bond Fund 661 to be spent 3 Grand Total X178 December 2015 Budget Amendments 11/17/2015 Page6 04 07 Oli,i�l(1/i 1200N COUNTY—CITY BUILDING \ /�� PHONE 574.235.9216 227 W. JEFFERSON BLVD. e U ��\� ,, O e SOUTH BEND,INDIANA 46601-1830 `S,����Ce�'' a' FAx 574.235.9928 k . 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 13, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`h Floor South Bend, Indiana 46601 RE: December 2015 Appropriation Ordinance–Enterprise Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods—March,June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for lst reading on November 23, 2015 with 2"d reading,public hearing and 314 reading scheduled for December 14, 2015. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7678. Regards, J H. Murphy City Controller CC: Pete Buttigieg, Mayor James Mueller, Chief of Staff Brian Pawlowski,Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Cc ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING OF CHAPTER 6,ARTICLE 4, SECTION 6-10 (d)(2) OF THE SOUTH BEND MUNICIPAL CODEADDRESSING PLUMBING EXCAVATOR FEES CHARGED BY THE BUILDING DEPARTMENT STATEMENT OF PURPOSE AND INTENT Recently, on October 26,2015, the South Bend Common Council enacted Ordinance No. 10394-15 (Bill No. 67-15)which adjusted various permit and contractor registration fees charged by the consolidated Building Department of the City of South Bend and St.Joseph County. This was done to assure that revenue from fees and services collected by the Building Department is adequate for effective operation. It has been brought to the Council's attention that fees for registration of excavators, as defined in the South Bend Municipal Code, Chapter 6,Article 4, Section 6-10(d)(1)b, were not increased to $125.00,unlike the fees for other contractors,and that this omission was unintentional. Adjustment of the excavator registration fees from one hundred dollars ($100.00) to one hundred twenty-five dollars ($125.00) is necessary to correct this oversight and assure that all contractors are treated equally. Adjustment of the fees as provided in this ordinance is in the best fiscal interest 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. Chapter 6,Article 4, Section 6-10 (d)(2) b of the South Bend Municipal Code shall be amended to read as follows: (d) Registration and permits for plumbing services. (2) Registration requited: a. All persons performing plumbing services within the City shall be a Plumbing contractor and shall register with the Department;provided,however, that the owner-occupant of a dwelling shall not be required to register when he or she is installing altering or repairing the plumbing of that dwelling. b. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee,as follows: Plumbing contractors $125.00 Excavators (as defined in Ssection 6-10(d)(1)b,) 40000 125.00 Sewer cleaners .... 125.00 c. Registrations shall be for a term of one(1) year beginning from the date of issuance. d. Lawn sprinkler contractors, water softener contractors, and fire protection sprinkler contractors shall comply with Article 11, Building Contractor Licensing Requirements. 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 any publication required by law. Member of the Common Council ,n titan OntY to{diet D 'rt1inity far ELbP4 f eam* and Attest: Council t�,�� !l�e G'a YtsaLIM City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of ,2 ,at o'clock .m. Mayor, City of South Bend pa{7a 1st READING ( �`L3-‘ office PUBLIC HEARING 3rd READING !1 '•f i8 2315 NOT APPROVED El:;BRED PASSED CITY CP_E St ,6uu E xb f TEND,IN "ccMl �"�RS ST.JOSEPH COUNTY/SOUTH BEND OTg J Q � BUILDING DEPARTMENT '�d=, 6 : 125 S. LAPAYETTE BIVD. t'�\` 11;;.,‘ $ T. SUITE 100 ' U nom 1' `" SOUTH BEND, IN 46601 '-: (°•' (574) 235-9554 = r^ , FAx 574-235-5541 k k �IS65 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator November 17, 2015 The Honorable Tim Scott South Bend Common Council 455 County-City Building South Bend, IN 46601 Re: Intent of filing for an Amendment to Chapter 6, Article 4 of the South Bend Municipal Code Dear Mr. Scott: On October 26, 2015, the South Bend Common Council enacted Ordinance No. 10394-15 (Bill No. 67-15) which adjusted various permit and contractor registration fees charged by the consolidated Building Department of the City of South Bend and St. Joseph County. It has been brought to my attention that an unintentional error regarding the registration fee for Excavators now exists. An adjustment of the excavator registration fees from one hundred dollars ($100.00)to one hundred twenty-five dollars ($125.00) is necessary to correct this oversight and assure that all contractors are treated equally. Either my assistant, Ayoka Paek, or I will present these changes at the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, Charles C. Bulot, C.B.O., F.M. Building Commissioner 1 t3 2015 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ARNOLD STREET FROM DONALD STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 455.95 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF EWING AVENUE STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first alley to be vacated is the first North/South alley West of Arnold Street from Donald Street to the first East/West alley for a distance of 455.95 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Ewing Avenue for a distance of 138 feet and a width of 14 feet. Both alleys being a part of Rum village Park, City of South Bend, Portage Township, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-8072-2724 018-8072-2725 018-8072-2722 018-8072-2709 Section IV. The purpose of the vacation of the real property is to consolidate the property due to the fact that the alley is not in use. 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. . -C )—S3S.11 Member of the Common Council Attest: „; ,,,, antis 411 Is art a prat*ai oppramisy for pub"d hawing and Council Wittri OH iiii5 kvika, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Ieno e[ a'd iii Mark's OffiGF 19 READING I (-Z3 -1-3' �1 q i PUBLIC HEARING ! 4�1 3 rd READING 1 NOT APPROVED " r ak;pi 1C3I"d' Fw3 REFERRED cm:21.:,.:. t"JU H[tEPMD,IN PASSED ° '—, "" `" '" PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: fitz fie'gtee T Zr Inca IS fl,e • iksr no.erie ozdja/k y &eq.-Wax/nth s7. f d • - cO .1 / , . /Cafe' e f • /c MI , . e a i, f B. THE STREET DESCRIBED AS: • NAME(signed & printed) ADDRESS LOT# • ' . . • . I a/.23 $. nmuLD sr. oJR-M7Z-z7zq CONTACT PERSON(S) NAME: RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: I-- co o m i= 071-2703 Petitioner: N N U 1901,. BLE AVE Gary W. Mason ,��►% 2123 S.Amold St. `�J E °N South Bend, IN 46613 S Donald St Alley is not used. Surface is all grass. s- o N 018-80722704 t a•' 018-807z.2718. 'O a 1228'DONALD'ST P.. 2101ARNOLD;;T C 3 018-8072-2732 1120 DONALD ST 0 'a 018=80722705 P,, 01. 8072 Te`/39 C C A .2110 Gi,ERSTER ST 2105 ARNOLP ST 0 C a 1018.8072706 •— 10 2110_-. ®0 018-8072 2720 018-8072-2734 C C WEBSTER-ST 21 -DST 2110 ARNOLD ST ,_ Q 018-'8072 2707 0 3 C -21Y0 018-8079-2721 018-8072-2735 ``� W N r WE ST$ REST 2113ARNOLD$T 2112 ARNOLD ST / d C m X114, 018-8072-2736 m WERSTERST 078=80 2"722 2118ARNOLDST m p1 t _ C 2123 ARNOLD ST .0 .3 A 018-8072-2737 018 2 72-2709 2122 ARNOLD ST C w WEBSTER-SST 018-8072-2724 Q t) VIO 2123 ARNOLD ST O t W 4 y 018-8072.2739 w, ow .d. 2126 ARNOLD ST NZ N c0 y 018-8072-2725 - 9 d Z d 2123 ARNOLD ST f — 3 d OS co w 3 C 018-8072-2740 T of 018-8072-2726 0 Q c e I . 2206 ARNOLD ST n N 2205 ARNOLD ST Q N d' C8 64 t\ W `�m 4 018.8072-2727 0 8072-2741 Z 06 03 W 2211 ARNOLD ST 2210 RNOLD ST o' m 018-8072-2728 018-8 2-2742 M is 2212 ARNOLD ST 2214 AR OLD ST y 4 �e-.•w�.1C.�A. A��I� / C 0 > coo Of fl '\ m 4 tu .c 2 C ?Nre; W Od m CAa mW 1 H W Q Tr < AZ NNU �Q fNU -Z NO I NZ n? n Z c LC_ o i : VMaLL-cl 0111 o' o:� o of t,.= pN Legend o49OIIT8 3a;,,. 9 Ewing Ave 1=1.125 fl.Area of Notification �+ I ' ��Q�� Alleys to be vacated I 0 120 240 .E y Feet ,.. �JY6$ LEGAL DESCRIPTION: The first alley to be vacated is the first North/South alley West of Arnold Street from Donald Project No. Street to the first East/West alley for a distance of 455.95 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Ewing Avenue for a distance of Page No. 128 feet and a width of 14 feet. Both alleys being a part of Rum Village Park,City of South Bend,Portage Township, St. Joseph County,Indiana. Document Path: I:\Projects\Engineering\Tonyl AlleyVacations\MasonOnArnold.mxd Date Date: 11/17/2015Time:4:53:54 PM User Name: dkuehn • Alley Vacation: Property Owners 4 018-8072-2706 71-08-14-377- JAKAB ISABEL 2934 E.Jefferson South Bend IN 46615 003.000-026 Blvd O"' 018-8072-2725 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613 016.000-026 W&SUSAN A C/O MASON GARY W.& SUSAN A. 018-8072-2729 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 023.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST 1 018-8072-2730 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 024.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST 1 018-8072-273 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 025.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST 018-8072-2744 71-08-14-378- AITCHISON 1117 W Ewing South Bend IN 46613 023.000-026 FRANK IV Av 018-8072-2743 71-08-14-378- AITCHISON 1117 W Ewing South Bend IN 46613 022.000-026 FRANK IV Av 1 118-8072-2715 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 020.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST f 018-8072-2716 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 021.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST (018-8072-271D 71-08-14-377- UNITED 1211 W Ewing South Bend IN 46613 022.000-026 METHODIST Av CHURCH IMMANUEL UNITED METHODIST Page of 3 • 018-8072-2742 71-08-14-378- BALAZSI JOHN 2214 S Arnold St South Bend IN 46613 010.000-026 AND IDA ()-018-8072-2714 71-08-14-377- NOWAK 2212 Wwbster St South Bend IN 46613 009.000-026 THOMAS F& DEBRA P i i 018-8072-2727 71-08-14-377- MARTINKOWS 2211 S Arnold St South Bend IN 46613 018.000-026 KT JAMES R AND HELEN E 018-8072-2741 71-08-14-378- BURTON 2210 S Arnold St South Bend IN 46613 009.000-026 DARNELL L If "018-8072-2726 71-08-14-377- STEVENS 2205 Arnold South Bend IN 46613 017.000-026 DAVID C 018-8072-2740 71-08-14-378- OHARA TINA M 2206 Arnold South Bend IN 46613 008.000-026 018-8072-2739 71-08-14-378- GREEN DAWN 2126 Arnold St South Bend IN 46637 007.000-026 M I • 1–018-8072-2728 –018-8072-2724 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613 015.000-026 W&SUSAN A C/O MASON GARY W. & SUSAN A. ()" 018-8072-2709 71-08-14-377- KUZBAY JANET 2126 Webster St South Bend IN 46613 006.000-026 018-8072-2737 71-08-14-378- VOLLMAN 52935 Emmons South Bend IN 46637 006.000-026 REBECCA Rd 0 • 018-8072-2708 71-08-14-377- DWORECKI 2114 Webster South Bend IN 46613 005.000-026 NAOMI I + 018-8072-2722 71-08-14-377- MASON GARY 2123 Arnold St South Bend IN 46613 014.000-026 W&SUSAN A C/O MASON GARY W.& SUSAN A. 018-8072-2736 71-08-14-378- PILLER MARY B 2118 S Arnold South Bend IN 46613 005.000-026 Street S 018-8072-2720 71-08-14-377- WOELFER 2109 ARNOLD South Bend IN 46613 012.000-026 TODD ST 018-8072-2734 71-08-14-378- WOODS 2110 Arnold South Bend IN 46613 003.000-026 CHRISTOPHER AND MURRAY BRENDA 018-8072-2707 71-08-14-377- DWORECKI 2114 Webster South Bend IN 46613 004.000-026 NAOMI I 018-8072-2721 71-08-14-377- LAPKIEWICZ 2113 S Arnold South Bend IN 46619 013.000-026 WILLIAM J AND Street CHERE 018-8072-2735 71-08-14-378- PILLER MARY B 2118 S Arnold St South Bend IN 46613 004.000-026 Paige 2 of 3 a018-8072-2705 71-08-14-377- JAKAB ISABEL 2934 E.Jefferson South Bend IN 46615 002.000-026 Bl 0— 018-8072-2719 71-08-14-377- HABITAT FOR c/o George Baker South Bend IN 46601 011.000-026 HUMANITY OF 40 2 t Ste*` „' ST JOSEPH COUNTY 01`018-8072-2704 71-08-14-377- YOUNGS 1228 W Donald St South Bend IN 46613 001.000-026 DARYL R& � DIANA L l.% 018-8072-2718 71-08-14-377- HABITAT FOR c/o George Baker South Bend IN 46601 010.000-026 HUMANITY OF ST JOSEPH COUNTY 018-8072-2732 71-08-14-378- FRANKIEWICZ 1120 W South Bend IN 46613 001.000-026 RICKY J DONALD ST 018-8071-2703 71-08-14-376- STATE OF JOINT FORCES Indianapolis IN 46241 001.000-026 INDIANA HEADQUARTER S Page3of3 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR J Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46E01 (S74) 2359571 Wednesday,November 18,2015 pc . bs _■ 1 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Dr. Trang Mai DDS to zone from SF2 Single Family&Two Family District to OB Office Buffer District,property located at 1637 and 1641 Portage Avenue,City of South Bend-APC#2759- 15. Dear Council Members: I hereby Certify that the above referenced ordinance of Dr. Trang Mai DDS was legally advertised on Thursday, November 05,2015 and that the Area Plan Commission at its public hearing on Tuesday,November 17, 2015 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Dr. Trang Mai DDS to zone from SF2 Single Family&Two Family District to OB Office Buffer District, property located at 1637 and 1641 Portage Avenue,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning will allow an existing dental office, which is currently split-zoned,to be properly zoned and modified in a way that allows for expansion of an existing use and a more efficient traffic flow for patrons and employees. This rezoning is a natural expansion of a minimally-invasive zoning district which borders a commercial hub to the south. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, p /by/3-3S Lawrence P. Magliozzi Attachment CC: Dr. Trang Mai DDS Leslie Green SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S TIOSEPHCOUNTYINOIANA,COM/AREAPLAN Staff Report 11/5/2015 APC# 2759-15 Owner: Dr. Trang Mai DDS Location: 1637 and 1641 Portage Avenue Jurisdiction: City of South Bend Public Hearing Date: 11/17/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to OB Office Buffer District, and seeking 4 variances from the development standards. Land Uses and Zoning: On site: On site is an existing dental office and a vacant lot. North: To the north is a single family home zoned SF2 Single Family&Two Family District. East: To the east across Portage Avenue are single family and multifamily homes zoned SF2 Single Family&Two Family District and MF2 Urban Corridor Multifamily District. South: To the south is a dental clinic zoned OB Office Buffer District; across Kinyon Street is a video rental store zoned LB Local Business District. West: To the west across the alley is a single family home zoned SF2 Single Family& Two Family District. District Uses and Development Standards: The OB - Office Buffer District is established to promote the development of small scale office, professional, business,governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site Plan Description: The site plan is part of a larger development that includes an existing dental office(1,232 square feet)with a proposed structural addition of 1,070 square feet. Additional parking and an access drive is proposed on the north,with access to the alley. The required parking for one dentist is 5 spaces. The total number of spaces being provided is 13. The northern portion of the lot, which abuts a residential use, is approximately 3 feet lower in elevation than the adjacent property. It will be separated by a retaining wall and both off- street parking area screening and perimeter landscaping. Site access is off of Kinyon Street, with the on-site traffic pattern directing vehicles out to the alley. Zoning and Land Use History And Trends: The property to the south across Kinyon Street was rezoned in 2001 to LB Local Business AFC # 2759-15 Page 1 of 3 Staff_Report 11/5/2015 District to allow for a video rental store, Traffic and Transportation Considerations: Kinyon Street has two lanes; Portage Avenue has two lanes and on-street parking. Utilities: This site will continue to be served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineer recommends approval subject to: 1) submittal of a satisfactory drainage plan; 2)the paving of the rear alley from Kinyon Street to the lot's north line; and 3)that no landscaping be installed on the site's west property line which abuts the alley, for line-of-sight concerns. Department of Community Investment offers a favorable recommendation. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This petition is consentient with City Plan, South Bend Comprehensive Plan (November 2006): Policy PF 7.1.1: Support the provision of services that effectively meet the changing healthcare needs of residents. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation/Other Plans: The Portage Avenue Commercial Corridor Revitalization Action Plan (November 1999) identifies this area as a"Shopping Node". 2. Current Conditions and Character: Portage Avenue between Angela and Kinyon has developed as a local commercial node for the surrounding neighborhood. 3. Most Desirable Use: The most desirable use is one that buffers the single family residential to the north from the commercial properties to the south and limits any negative impact on surrounding residential properties. 4. Conservation of Property Values: Based on the fact that the dental office is already existing, surrounding property values should not be adversely affected. The change of elevation between this property and the property to the north, in conjunction with substantial landscaping along the north property line,will significantly limit any light or noise pollution from the office and its clients. 5. Responsible Development And Growth: It is responsible development and growth to allow this dental office to expand in a limited APC # 2759-15 Page 2 of 3 / . Staff Report 11/5/2015 manner to better serve the health of neighborhood residents. Staff Comments: This is a combined public hearing procedure,which includes a rezoning and 4 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: I) from the required 15'minimum front yard setback to 5'for an interior access drivetnd parking; 2) from the required 15'side residential bufferyard to 5'; 3) from the required'oundation landscaping to the existing landscaping; and 4) from the required Type: B Landscapingilong the alley to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1)The approval will not be injurious to the public health, safety,morals, and general welfare of the community. The proposed setbacks will allow parking and access on site to meet the demands of the use and will be consistent with what is existing on site. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Surrounding property values will not be adversely affected by the building addition or the parking lot due to the change in elevation and landscaping which will serve as a noise and light buffer. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Due to the unique configuration of, and the relatively small depth of the site, the strict application of the residential bufferyard setbacks would not allow the dental office to expand. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Staff recommends approval of variances 1,2,and 4, however requests that variance#3 be subject to providing foundation landscaping for any new buildings or additions. Analysis: This rezoning will allow an existing dental office,which is current split-zoned,to be properly zoned and modified in a way that allows for expansion of an existing use and a more efficient traffic flow for patrons and employees. This rezoning is a natural expansion of a minimally-invasive zoning district which borders a commercial hub to the south. APC # 2759-15 Page 3 of 3 ice" �4ocxctr :�8,t Arm. a + � �'� ri' h � r .r; '�► ; REZONING . ' '. R #2759-1 b 1. 'i,, 1.- �* %ra. *h., ..t ::`!• i•cs q' .t .. .. y. .l�� •.r.r1,. 1 •.0. 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',�. ,7 � ;. r ;,SF2,'" k.1174-2ri: . . k. . - - -,-, -, , ,f---4.-.. •ia �1 It i` '.`� ,.r T�a+. - a ' r; • f MU ` J /,� T fi c} , _I i•-•:-/ ; j � • r' „,.. .i ii SF2 A" o`` : LB --"iti ik, -.. ,' r S a, C3 I.t Y , t "N' Queen a._ -_ 55 F + . r a ► :s e • ' Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT MA STER ZONING KEY N SOUTH BEND 'SF1"SIN GLE FAMILYAN0 TWO FAMILYDISTRICT > SOUTH BEND SF2' SINGLE FA1.IILYANDTWO FAMILYDISTRICT Y1' — --. E SOUTH BE ND 1.1 Fl URBAN CORRIDOR MULTIFAMILY DISTRICT S S SOUTH BEND '013 OFFICE BUFFER DISTRICT 1 inch = 100 feet SOUTH BEND 'MU'MIXED USE CISTRICT APC # 2759-15 SOUTH BE NC LB LOCAL BU SINE SS DISTRICT rage 1 of Jennifer Parcel! -Dr.Trang Mai DDS From: "John Boughton" <joughton @comcenter.com> To: <jparcell @co.st joseph.in.us> Date: 11/17/2015 10:04 AM Subject: Dr. Trang Mai DDS My wife Jill and I have been neighbors to Dr Mai for 8 years. They are good neighbors. They have put much effort to rehabilitate a house that had long been vacant on our block,which they have now taken down. We are in favor of their plans to upgrade their business and their requests for parking and landscaping variances. We are confident they will do a good job that will be an improvement to our block and to our neighborhood. We are not able to be present at the meeting today, but wanted to make our support known. Thank you. John and Jill Boughton 1649 Portage South Bend 574-272-2809 , RECEIVED NOV 17 2015 AREA PLAN COMMISSION file://C:\Documents and Settings\jparcell\Local Settings\Temp\XPgrpwise\564AFBA5InternalPLEXISPO1... 11/17/2015 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1637 AND 1641 PORTAGE AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To rezone properties adjacent to an existing office in order to allow for the expansion of the office. 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 4 AND LOT 5 OF MORRIS PARK ADDITION be and the same is hereby established as OB Office Buffer 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 Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock_. m. • City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed In 9. Office 19 READING 10-0--LS— OCT . 7 ZO15 PUBLIC HEARING _....._ S rd READING JOH;'Itiift qG ? NOT APPRO�VEDn CITICLERK,SOUTH L END,IN REFERRED A`V�' L° "(L�l 3-' PASSED PETITION FOR A COMBINED PUBLIC HEARING City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 1637 and 1641 Portage Avenue 2) The property Tax Key Number(s)is/are: 18-2180-6748 and 18-2180-6744 3) Name and address of property owner(s)of the petition site: Dr. Trang Mai DDS 53717 Meadow Lake Court Elkhart,IN 46514 (574) 514-2384 tmaidds @yahoo.com Name and address of additional property owners,if applicable: • 4) Name and address of contingent purchaser(s), if applicable: N/A Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners,if applicable: 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: OB Office Buffer District 6) This rezoning is requested to allow the following use(s): Dental office and parking 7) If applicable,a detailed description and the purpose of the variance(s)being requested: #1 From the required 15'minimum front yard setback to 5'for an interior access drive and parking #2 From the required 15'side residential bufferyard to 5' #3 From the required foundation landscaping to existing landscaping #4 From the required Type B perimeter landscaping along the alley none 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Allowing this variance will allow for the business to expand and keep from parking cars on the city streets. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Removing the vacant house to add the parking lot for Dr. Mai will increase the property values of the adjacent properties. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Due to the size and odd shape of the lot, strict application would result in practical difficulties. 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. 10) Attached,and made a part of this PETITION, is: (a) 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; (b)addressed,stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Leslie Green 58867 CR 105 Elkhart, IN 46517 (574) 320-4284 Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): Filed in t:Th ,c Office ECT 72015 JON CITY CLEM,:sc Ji 1 4END,IN