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MINUTES OF THE CITY-COUNTY COUNCIL AND

SPECIAL SERVICE DISTRICT COUNCILS OF

INDIANAPOLIS, MARION COUNTY, INDIANA

MONDAY, DECEMBER 9, 2019

The City-County Council of Indianapolis, Marion County, Indiana and the Indianapolis Police

Special Service District Council, Indianapolis Fire Special Service District Council and

Indianapolis Solid Waste Collection Special Service District Council convened in regular

concurrent sessions in the Council Chamber of the City-County Building at 7:00 p.m. on Monday,

December 9, 2019, with Councillor Osili presiding.

Councillor Cordi recognized Pastor Tim Lindsey, Lifeline Baptist Church, who led the opening

prayer. Councillor Cordi then invited all present to join her in the Pledge of Allegiance to the Flag.

ROLL CALL

The President instructed the Clerk to take the roll call and requested members to register their

presence on the voting machine. The roll call was as follows:

23 PRESENT: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Graves, Gray, Harris,

Holliday, Jackson, Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray,

Robinson, Shreve, Wesseler

2 ABSENT: Scales, Simpson

A quorum of twenty-three members being present, the President called the meeting to order.

INTRODUCTION OF GUESTS And VISITORS

Councillor McQuillen recognized Councillor McHenry’s husband Fred. Councillor Oliver

recognized Marion County Clerk Myla Eldridge, Deputy Clerk NaTrina DeBow, and constituent

Erin Latchett. Councillor Adamson recognized AFSCME representatives Georgia Cravey and

Michael Torres. Councillor McHenry recognized residents of District 6 who showed up this

evening to support others being recognized. Councillor Robinson recognized Pike Township

elected officials, Senator Greg Taylor and Trustee Annette Johnson. Councillor Harris recognized

Mayor of Clermont, Nancy Baxter.

OFFICIAL COMMUNICATIONS

The President called for the reading of Official Communications. The Clerk read the following:

TO ALL MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA Ladies And Gentlemen : You are hereby notified the REGULAR MEETINGS of the City-County Council and Police, Fire and Solid Waste Collection Special Service District Councils will be held in the City-County Building, in the Council

Journal of the City-County Council

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Chambers, on Monday, December 9, 2019, at 7:00 p.m., the purpose of such MEETINGS being to conduct any and all business that may properly come before regular meetings of the Councils.

Respectfully, s/Vop Osili

President, City-County Council November 20, 2019 TO PRESIDENT OSILI AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: Pursuant to the laws of the State of Indiana, I caused to be published in the Court & Commercial Record and in the Indianapolis Star on Friday, November 22, 2019 a copy of a Notice of Public Hearing on Proposal Nos. 392, 396, 397, 400, 401, 406-410, 412 and 413, 2019, said hearing to be held on Monday, December 9, 2019, 2019 at 7:00 p.m. in the Public Assembly Room of the City-County Building. Respectfully, s/SaRita Hughes Clerk of the City-County Council November 26, 2019 TO PRESIDENT OSILI AND MEMBERS OF THE CITY-COUNTY COUNCIL AND POLICE, FIRE AND SOLID WASTE COLLECTION SPECIAL SERVICE DISTRICT COUNCILS OF THE CITY OF INDIANAPOLIS AND MARION COUNTY, INDIANA: Ladies and Gentlemen: I have approved with my signature and delivered this day to the Clerk of the City-County Council, SaRita Hughes, the following ordinances: GENERAL ORDINANCE NO. 65, 2019 – amends the Code to comply with IC 36-1-27-4 regarding conflicts of interest in the issuance of building permits, and relocates and recodifies existing text to more logical locations GENERAL RESOLUTION NO. 30, 2019 – approves and ratifies the declaratory resolution of the Metropolitan Development Commission for the Twin Aire Economic Development Area and creates the Twin Aire Allocation Area GENERAL RESOLUTION NO. 31, 2019 – authorizes the Metropolitan Development Commission and Department of Metropolitan Development to execute required documents to implement the application and issue debt obligations in the form of promissory notes from the US Department of Housing and Urban Development in an amount not to exceed $5,000,000 to be used for infrastructure improvements to facilitate redevelopment that may include improved drainage, new sidewalks, new bike and pedestrian infrastructure, and new lighting that will support commercial and residential development in the South Meridian Allocation Area, and approves any appropriations necessary for the repayment of principle and interest incurred by the issuance of such promissory notes GENERAL RESOLUTION NO. 32, 2019 – approves the statement of benefits of CraftMark Bakery, LLC and GPT Exploration Drive Owner, LLC, an applicant for tax abatement for property located in an economic revitalization area GENERAL RESOLUTION NO. 33, 2019 – amends the declaratory resolution and redevelopment plan for the Near Eastside Redevelopment Area to add an area, referred to as the "Sherman Park Allocation Area," within the Near Eastside Redevelopment Area and to adopt a supplement to the plan SPECIAL RESOLUTION NO. 35, 2019 – recognizes the Hope Center for providing hope and relief to victims of sex trafficking SPECIAL RESOLUTION NO. 36, 2019 – honors the IU Health Indy Criterium Bicycle Festival for 10 years of service SPECIAL RESOLUTION NO. 37, 2019 – honors Race and Cultural Relations Leadership Network for 25 years of service SPECIAL RESOLUTION NO. 38, 2019 – recognizes the Indiana Union Construction Industry and their recruitment arm, the Indiana Careers in Construction Association SPECIAL RESOLUTION NO. 39, 2019 – recognizes the O’Neill School of Public and Environmental Affairs at IUPUI and the Indiana University Public Policy Institute

December 9, 2019

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SPECIAL RESOLUTION NO. 40, 2019 - determines the need for the Marion County Coroner's Office to renew the lease on their property located at 521 West McCarty Street s/Joseph H. Hogsett, Mayor

ADOPTION OF THE AGENDA

The President proposed the adoption of the agenda as distributed. Without objection, the agenda

was adopted.

APPROVAL OF THE JOURNAL

The President called for additions or corrections to the Journals of November 18, 2019. There

being no additions or corrections, the minutes were approved as distributed.

PRESENTATION OF PETITIONS, MEMORIALS, SPECIAL RESOLUTIONS, AND

COUNCIL RESOLUTIONS

PROPOSAL NO. 448, 2019. The proposal, sponsored by Councillor Adamson, recognizes the

Indiana Internet Crimes Against Children Task Force. Councillor Adamson stated that

representatives were unable to attend this evening and he will re-introduce the proposal to be heard

in 2020. He moved, seconded by Councillor McQuillen, to strike. Proposal No. 448, 2019 was

stricken by a unanimous voice vote.

PROPOSAL NO. 458, 2019. The proposal, sponsored by Councillor McQuillen, honors Central

Indiana Wood Workers for their manufacturing of tons of toys and gifts for Central Indiana

children. Councillor McQuillen read the proposal and presented representatives with copies of the

document and Council pins. Bob Decker, incoming president for CIWW, thanked the Council for

the recognition. Councillor McQuillen moved, seconded by Councillor Shreve, for adoption.

Proposal No. 458, 2019 was adopted by a unanimous voice vote.

Proposal No. 458, 2019 was retitled SPECIAL RESOLUTION NO. 41, 2019, and reads as follows:

CITY-COUNTY SPECIAL RESOLUTION NO. 41, 2019

A SPECIAL RESOLUTION honoring Central Indiana Wood Workers for their manufacturing of tons of toys and gifts

for Central Indiana children.

WHEREAS, Central Indiana Wood Workers is a 501(c)(3) tax exempt organization that was founded in 1948 as the

Home Craftsmen Forum. It started with the sole objective to provide members with a presentation of educational

programs and demonstration of machines, tools and processes adaptable for use in the home workshop; and

WHEREAS, their mission is the education of members and non-members in wood craftsmanship, and contribution

to the community. Many amateur and professional men and women have a common interest in fabricating from wood;

and

WHEREAS, over the years, Central Indiana Wood Workers (CIWW) has grown and become more focused on

woodworking and has added the making of wooden toys that are distributed to disadvantaged children as their formal

charitable service to the community. Each year, they make over 10,000 toys and 1500 craft kits. These are distributed

throughout over 40 social service organizations in time for Christmas; and

WHEREAS, Yale Martin, an avid woodworker, joined CIWW in 2014 and currently serves as president. Mr.

Martin has been married to his beautiful wife Carol for 48 years and has four children, nine grandchildren and three

great-grandchildren; now, therefore:


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BE IT RESOLVED BY THE CITY-COUNTY COUNCIL OF THE

CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The Indianapolis City-County Council recognizes Central Indiana Wood Workers for their manufacturing

of toys and gifts for Central Indiana disadvantaged children.

SECTION 2. The City-County Council recognizes the hard work, dedication and support of the Central Indiana Wood

Workers.

SECTION 3. The Mayor is invited to join in this resolution by affixing his signature hereto.

SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.

PROPOSAL NO. 459, 2019. The proposal, sponsored by Councillor McHenry, recognizes Bob

Hunter for his volunteer efforts in the community and his tireless advocacy toward the fight against

ovarian cancer with Ovar'coming Together. Councillor McHenry read the proposal and presented

Mr. Hunter with a copy of the document and Council pin. Mr. Hunter thanked the Council for the

recognition. Councillor McHenry moved, seconded by Councillor McQuillen, for adoption.




A SPECIAL RESOLUTION recognizing Bob Hunter for his volunteer efforts in the community and his tireless advocacy

toward the fight against ovarian cancer with Ovar’coming Together.

WHEREAS, ovarian cancer is a deadly disease with no screening test, making awareness about the disease,

supporting survivors and caregivers, and funding research very important objectives for Ovar’coming Together, founded

in 1995 in Indianapolis, Indiana; and

WHEREAS, Bob Hunter and his wife Sonja supported Ovar’coming Together before she lost her life to the dreaded

disease in 2012; and

WHEREAS, Bob continues to devote enormous energy and personal time fighting the disease to honor Sonja,

because he knows it might save the life of another woman if they catch it in an earlier stage; and

WHEREAS, as a strong leader with boundless initiative and expertise with a passion for the mission of Ovar’coming

Together, Bob was elected to the Board of Directors in 2014 and now serves as its President, helping to improve

efficiencies in the office, increase awareness events and fund-raising efforts, and saving the organization money while

doing so; and

WHEREAS, Mr. Hunter not only works tirelessly for Ovar’coming Together, but also unselfishly does a tremendous

amount of work in his neighborhood, with the adjoining neighborhoods, and the community around Eagle Creek Park.

He serves as his neighborhood’s representative on the Eagle Creek Neighborhood Alliance, a group that has worked hard

to improve the area; and as president of his homeowners’ association for several years, he works hard to improve Eagle

Creek Woods II. He is there for every tree planting, trash pick-up, and beautification project, most of the time serving

on the organization and planning of these efforts; and

WHEREAS, the difference Bob has made through his leadership, volunteer service, dedication, knowledge and

advocacy are admirable and extremely worthy of recognition. He has earned the respect and gratitude of both those he

serves and those with whom he serves. He has touched and enriched the lives of others through his service; now,

therefore:



SECTION 1. The Indianapolis City-County Council proudly recognizes Bob Hunter for his volunteer efforts in the

community and his tireless advocacy toward the fight against ovarian cancer with Ovar’coming Together.

December 9, 2019

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SECTION 2. The Council wishes much success in accomplishing the mission of Ovar’coming Together in the fight

against ovarian cancer, and applauds Mr. Hunter for his commitment and dedication to this worthy cause.



PROPOSAL NO. 460, 2019. The proposal, sponsored by Councillor McHenry, recognizes

Clermont Community member Nancy Baxter. Councillor McHenry read the proposal and

presented Ms. Baxter with a copy of the document and Council pin. Ms. Baxter thanked the Council

for the recognition. Councillor McHenry moved, seconded by Councillor McQuillen, for adoption.




A SPECIAL RESOLUTION recognizing Clermont Community Member, Nancy Baxter.

WHEREAS, Nancy Baxter has been on Clermont’s Board for more than eight (8) years, and is currently serving as

President; and

WHEREAS, Nancy has worked diligently in the community. She organized numerous cleanups, not just for the

town of Clermont, but surrounding areas as well; works with Robey Park to plant trees and paint; worked in Miller Park

in removing overgrowth, dead trees and other things to bring back the beauty of the pocket park; and painted curbs on

Crawfordsville Road during the hot summer months and made sure that road is maintained with banners, flowerpots,

flags and holiday decorations; and

WHEREAS, Nancy is a member of the Clermont Lions Club, where she has worked the Rodeo, parking motor

homes and baking pies. She is also a HOSTS (Help One Student to Succeed) volunteer for Wayne Township schools;

and

WHEREAS, Nancy does not do these things for any recognition, she does it because she has pride in Clermont and

is extremely dedicated to the community; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Nancy Baxter for her commitment, dedication and

hard work for the community.

SECTION 2. The Council heartily extends its appreciation and gratitude to Nancy and wishes her continued success

in all she does.



PROPOSAL NO. 461, 2019. The proposal, sponsored by Councillor McHenry, honors the

community service work of Ed Locke. Councillor McHenry read the proposal and presented Mr.

Locke with a copy of the document and Council pin. Mr. Locke thanked the Council for the

recognition. Councillor McHenry moved, seconded by Councillor McQuillen, for adoption.




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A SPECIAL RESOLUTION honoring the Community Service work of Ed Locke.

WHEREAS, Ed Locke has been an active volunteer in the Indianapolis community for over 30 years. He has lived

most of his life on the west side of the city and takes great pride in his community; and

WHEREAS, Ed is president of his neighborhood association and active in the Pike Township Residents’ Association

(PTRA), which is a non-profit organization that provides a forum for Pike Township residents and business owners to

discuss regional and local neighborhood concerns, but his contributions to his community go far beyond that; and

WHEREAS, Ed leads many volunteer activities, such as, hikes for school children at Eagle Creek Park; promoting

the arts through the Heartland Film Festival; his work with Artmix, a non-profit organization that provides inclusionary

arts education to people of all abilities; entertainment for the elderly by playing the piano at nursing homes; and working

with the Call For Action team at the Indianapolis Star helping residents problem solve consumer issues; and

WHEREAS, Ed has great knowledge of plants, trees, fungi, and animals that inhabit Eagle Creek Park and helps

children understand the importance of the ecosystem and taking care of our earth. Ed also works with the Park staff and

Keep Indianapolis Beautiful to participate in tree plantings and he regularly works with Councillor McHenry to clean up

the Eagle Creek area and the west side; and

WHEREAS, Ed is the chair of the airport greeting committee for the Heartland Film Festival and is often the “first

face” guests see as they arrive in Indianapolis. Ed welcomes guests, many of whom are actors, directors and filmmakers

and escorts them to a waiting car. Ed is also a theater shift chair and performs a range of volunteer duties at theaters, even

helping to clean after a showing.

WHEREAS, Ed is the photographer and piano player at the Indiana State Museum. He takes pictures of the children

as they make their very important yearly visit to Santa. Ed has been a host for such special exhibitions as Star Wars and

Titanic and enriches the guest experiences by playing the piano time to time; and

WHEREAS, at the Indianapolis Star, Ed takes calls from residents who are having a problem with a company or an

erroneous charge. He researches the situation, helps the caller learn who can help them and often makes the call himself.

Through this work, he has saved Indianapolis residents thousands of dollars and protected them from fraud; and

WHEREAS, Ed Locke is a treasure for our city. It is volunteers like him who really make Indianapolis what it is -

a welcoming and safe place to live, work and raise our families; now, therefore:


CITY OF INDIANANPOLIS AND OF MARION COUNTY, INDIANA:

SECTION 1. The City-County Council is pleased to recognize Ed Locke for his community service to Indianapolis, but

especially to the residents of the west side.

SECTION 2. The Council wishes Ed Locke continued success in future endeavors.



PROPOSAL NO. 462, 2019. The proposal, sponsored by Councillor McHenry, recognizes the

Pike Township Residents' Association, Inc. Councillor McHenry read the proposal and presented

representatives with copies of the document and Council pins. Representatives thanked the Council

for the recognition. Councillor McHenry moved, seconded by Councillor Adamson, for adoption.




A SPECIAL RESOLUTION recognizing the Pike Township Residents’ Association, Inc.

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WHEREAS, Pike Township Residents’ Association, known as PTRA, is a non-profit organization founded in 1972;

and

WHEREAS, they provide a forum for Pike Township residents and business owners to meet to discuss regional and

local neighborhood concerns. These concerns may include, but are not limited to, land use, either new developments or

modifications to existing, city code compliance, parks, recreation, transportation, schools, drainage, sewage problems,

water supply, area beautification; and

WHEREAS, Pike Township Residents’ Association is an umbrella organization for local homeowner associations

and also serves the needs of individual residents and businesses; and

WHEREAS, this is an all-volunteer organization in which the officers and board members put in numerous hours

in meetings and research of issues with no compensation; now, therefore:


CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA

SECTION 1. The Indianapolis City-County Council recognizes Pike Township Residents’ Association, Inc. for their

commitment, dedication, and hard work for Pike Township and its residents and businesses

SECTION 2. The Council heartily extends its appreciation and gratitude to the officers and board members of PTRA

and wishes them success in continuing to try to make Pike Township a better place to live, work, and play.



PROPOSAL NO. 463, 2019. The proposal, sponsored by Councillors Cordi and Coulter,

recognizes Hickory House Recovery. Councillors Cordi and Coulter read the proposal and

presented representatives with copies of the document and Council pins. Melissa Durkin, Hickory

House, thanked the Council for the recognition. Councillor Cordi moved, seconded by Councillor

Coulter, for adoption. Proposal No. 463, 2019 was adopted by a unanimous voice vote.



A SPECIAL RESOLUTION recognizing Hickory House Recovery.

WHEREAS, Hickory House Recovery began operation in March of 2017, basing their approach to addiction

recovery on a philosophy of “Treatment with Dignity,” and combating the stigma of limited residential treatment options

in Indiana. Hickory House Recovery is located at 5486 W. US Hwy 40; and

WHEREAS, the dedicated staff of Hickory House Recovery began working with a vision to assist adult men and

women who suffer from substance use disorders and co-occurring mental health disorders. The facility uses qualified

medical and clinical professionals to diagnose and treat. Hickory House Recovery believes in the continuum of care,

operating a residential treatment program, intensive outpatient program, and assists with discharge planning for all clients

to ensure a greater success of long-term sobriety and recovery; and

WHEREAS, the effects of drug and alcohol addiction reach far beyond the affected individual. While the person

who is struggling with substance use disorder is likely affected the most; spouses, children, parents, siblings, and friends

can all suffer as well. Hickory House Recovery understands addiction is a disease, not a moral failing. The staff is kind

and compassionate, always focused on what is best for the client; and

WHEREAS, since opening, Hickory House Recovery has helped approximately 400 men and women on their path

to recovery from substance use disorder; and

WHEREAS, Hickory House Recovery is in the process of opening seven more facilities, two in Marion County and

five more throughout the State of Indiana; now, therefore:


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SECTION 1. The Indianapolis City-County Council recognizes Hickory House Recovery for providing dignified

treatment to men and women recovering from addiction, giving them the tools to aid in living a new lifestyle, and re-

integration with family and community as drug free individuals.

SECTION 2. The Council extends its appreciation and gratitude to Hickory House Recovery for their vision to assist

those with addiction.


SECTION 4. This resolution shall be in full force and effect upon adoption and compliance with IC 36-3-4- 14.

PROPOSAL NOS. 464-474, 2019. The proposals, sponsored by Councillors Osili and Adamson,

recognize the public service of Councillors Jeff Coats, Susie Cordi, Danielle Coulter, Colleen

Fanning, Andy Harris, Janice McHenry, Michael McQuillen, Christine Scales, Jefferson Shreve,

Joseph Simpson and John Wesseler. Councillor Adamson read the proposal and presented outgoing

Councillors in attendance with copies of the document and Council pins. Councillors thanked the

Council for the recognition. Councillor Adamson moved, seconded by Councillor Jackson, for

adoption. Proposal Nos. 464-474, 2019 were adopted by a unanimous voice vote.



A SPECIAL RESOLUTION recognizing the public service of Councillor Jeff Coats.

WHEREAS, a free nation rests upon the willingness of responsible citizens who voluntarily and actively participate in

the governmental process; and

WHEREAS, the pursuit and achievement of elective office with its attendant commitments of self, time, and energy

represents one of the highest expressions of citizenship participation; and

WHEREAS, serving one term from 2016 to 2019, City-County Councillor Jeff Coats has served his constituents and the

people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Coats meticulously served on the Public Safety and Criminal Justice, Public Works and Rules

and Public Policy Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Jeff Coats for his four years of dedicated

service as a member of the Indianapolis-Marion County Council.

SECTION 2. On behalf of the citizens of Indianapolis, the Council extends its appreciation and gratitude to Councillor

Coats and encourages him to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Susie Cordi.

December 9, 2019

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WHEREAS, serving one term from 2016 to 2019, City-County Councillor Susie Cordi has served her constituents and

the people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Cordi meticulously served on the Municipal Corporations, Parks and Recreation, and Public

Works Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Susie Cordi for her four years of dedicated



Cordi, and encourages her to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Danielle Coulter.





WHEREAS, elected to fill a vacancy in November, 2018, City-County Councillor Danielle Coulter has served her

constituents and the people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Coulter meticulously served on the Administration and Finance, Ethics, and Public Works

Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Danielle Coulter for her dedicated service as a

member of the Indianapolis-Marion County Council.


Coulter, and encourages her to remain an active participant in the life of this community.






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A SPECIAL RESOLUTION recognizing the public service of Councillor Colleen Fanning.





WHEREAS, serving one term from 2016 to 2019, City-County Councillor Colleen Fanning has served her constituents

and the people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Fanning meticulously served on the Administration and Finance, Education, Metropolitan and

Economic Development, Parks and Recreation, and Public Safety and Criminal Justice Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Colleen Fanning for her four (4) years of

dedicated service as a member of the Indianapolis-Marion County Council.


Fanning, and encourages her to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Andy Harris.





WHEREAS, elected to fill a vacancy in October, 2019, City-County Councillor Andy Harris has served his constituents

and the people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Harris meticulously served on the Administration and Finance, Community Affairs, and Public

Safety and Criminal Justice Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Andy Harris for his dedicated service as a

member of the Indianapolis-Marion County Council.


Harris, and encourages him to remain an active participant in the life of this community.




December 9, 2019

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A SPECIAL RESOLUTION recognizing the public service of Councillor Janice McHenry.





WHEREAS, serving three terms, from 2008 through 2019, City-County Councillor Janice McHenry has served her


WHEREAS, Councillor McHenry meticulously served on the Administration and Finance, Criminal Justice and Courts,

Education, Ethics, Metropolitan and Economic Development, Parks and Recreation, Public Safety and Criminal Justice,

Public Works and Rules and Public Policy Committees; and

WHEREAS, Councillor McHenry served briefly as the chair of the Metropolitan Development and Rules and Public

Policy Committees during her tenure, as well as serving as the Minority Caucus Whip for the Republican Party for a time.

Councillor McHenry also represented the Council as an appointee to the Law Enforcement Study Commission, the IMAGIS

Board, the Marion County Council on Aging and the City-County Audit Committee; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Janice McHenry for her twelve (12) years of



McHenry, and encourages her to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Michael McQuillen.





WHEREAS, serving three terms, from 2008 through 2019, City-County Councillor Michael McQuillen has served his


WHEREAS, Councillor McQuillen meticulously served on the Criminal Justice and Courts, Economic Development,

Education, Ethics, Municipal Corporations and Rules and Public Policy Committees; and

WHEREAS, serving as the Republican Caucus Leader (both as Majority and Minority Leader) for ten (10) years of his

tenure, Councillor McQuillen also served on the Committee on Committees, as well as serving as past Chair of the Rules and

Public Policy and Ethics Committees for a time. Councillor McQuillen also serves on the boards of Visit Indy and Nine13

Sports; now, therefore:




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SECTION 1. The Indianapolis City-County Council recognizes Councillor Michael McQuillen for his twelve (12) years

of dedicated service as a member of the Indianapolis-Marion County Council.


McQuillen, and encourages him to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Christine Scales.





WHEREAS, serving three terms, from 2008 through 2019, City-County Councillor Christine Scales has served her


WHEREAS, Councillor Scales meticulously served on the Community Affairs, Criminal Justice and Courts, Ethics, Parks

and Recreation, Public Safety and Criminal Justice, and Public Works Committees, as well as the Law Enforcement Study

Commission; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Christine Scales for her twelve (12) years of



Scales, and encourages her to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Jefferson Shreve.





WHEREAS, City-County Councillor Jefferson Shreve was first appointed to serve a vacant term in April, 2013, and

completed that service in 2015. Councillor Shreve was again elected to fill a vacant term in September, 2018; and, in both

instances, has served his constituents and the people of Indianapolis with integrity and sincerity; and

WHEREAS, Councillor Shreve meticulously served on the Administration and Finance, Community Affairs, Ethics,

Metropolitan and Economic Development, Public Safety and Criminal Justice, and Public Works Committees during his two

tenures; now, therefore:

December 9, 2019

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SECTION 1. The Indianapolis City-County Council recognizes Councillor Jefferson Shreve for his four years of dedicated



Shreve, and encourages him to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor Joseph Simpson.





WHEREAS, serving two terms, from 2012 through 2019, City-County Councillor Joseph “Joe” Simpson has served his


WHEREAS, Councillor Simpson meticulously served on the Administration and Finance, Ethics, Parks and Recreation,

and Public Safety and Criminal Justice Committees, as well as the Law Enforcement Study Commission; and

WHEREAS, Councillor Simpson served as the chair of the Law Enforcement Study Commission, the Regional

Operations Center (ROC) Investigative Committee, and the Administration and Finance Committee during his time on the

Council; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor Joseph Simpson for his eight (8) years of



Simpson, and encourages him to remain an active participant in the life of this community.





A SPECIAL RESOLUTION recognizing the public service of Councillor John Wesseler.






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WHEREAS, elected to fill a vacancy in November, 2016, City-County Councillor John Wesseler has served his


WHEREAS, Councillor Wesseler meticulously served on the Administration and Finance, Ethics, Metropolitan and

Economic Development, Municipal Corporations, and Public Safety and Criminal Justice Committees; now, therefore:



SECTION 1. The Indianapolis City-County Council recognizes Councillor John Wesseler for his three (3) years of



Wesseler, and encourages him to remain an active participant in the life of this community.



PROPOSAL NO. 475, 2019. The proposal, sponsored by Councillor Osili, approves a schedule of

regular council meetings for the year 2020. Councillor Osili stated that all Councillors should have

received a copy of the Council meeting dates for 2020. He asked if there are any questions. Seeing

none, Councillor Lewis moved, seconded by Councillor Adamson, for adoption. Proposal No. 475,

2019 was adopted by a unanimous voice vote.

Proposal No. 475, 2019 was retitled COUNCIL RESOLUTION NO. 88, 2019, and reads as

follows:

CITY-COUNTY COUNCIL RESOLUTION NO. 88, 2019

A PROPOSAL FOR A COUNCIL RESOLUTION approving a schedule of regular council meetings for the year 2020.



SECTION 1. The City-County Council hereby approves the following schedule of regular meetings for the year 2020:

(1) Monday, January 6, 2020 (8) Monday, July 13, 2020

(2) Monday, January 27, 2020 (9) Monday, August 10, 2020

(3) Monday, February 24, 2020 (10) Monday, September 14, 2020

(4) Monday, March 16, 2020 (11) Monday, September 28, 2020

(5) Monday, April 13, 2020 (12) Monday, October 12, 2020

(6) Monday, May 11, 2020 (13) Monday, November 16, 2020

(7) Monday, June 8, 2020 (14) Monday, December 7, 2020


Councillor Lewis reported that the Metropolitan and Economic Development Committee heard

Proposal Nos. 450-454, 2019 on December 4, 2019. She asked for consent to vote on Proposal

Nos. 450-453, 2019 together. Consent was given.

PROPOSAL NO. 450, 2019. The proposal, sponsored by Councillor Lewis, reappoints Alpha

Blackburn to the Metropolitan Development Commission. PROPOSAL NO. 451, 2019. The

proposal, sponsored by Councillor Lewis, reappoints Lena Hackett to the Metropolitan

Development Commission. PROPOSAL NO. 452, 2019. The proposal, sponsored by Councillor

Lewis, reappoints William Selm to the Metropolitan Development Commission. PROPOSAL NO.

453, 2019. The proposal, sponsored by Councillor Lewis, reappoints Mindy Westrick to the

December 9, 2019

19

Metropolitan Development Commission. By 10-0 votes, the Committee reported the proposals to

the Council with the recommendation that they do pass. Councillor Lewis moved, seconded by

Councillor Adamson, for adoption. Proposal Nos. 450-453, 2019 were adopted on the following

roll call vote; viz:

21 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Gray, Harris, Holliday, Jackson,

Johnson, Lewis, Mascari, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Shreve, Wesseler

0 NAYS:

2 NOT VOTING: Graves, McHenry



follows:


A COUNCIL RESOLUTION reappointing Alpha Blackburn to the Metropolitan Development Commission.



SECTION 1. As a member of the Metropolitan Development Commission, the Council reappoints:

Alpha Blackburn

SECTION 2. The reappointment made by this resolution is for a term ending December 31, 2020. The person appointed

by this resolution shall serve at the pleasure of the Council and until his or her successor is appointed and qualifies, unless

the duration of the holdover period for this office is limited by statute.


follows:


A COUNCIL RESOLUTION reappointing Lena Hackett to the Metropolitan Development Commission.




Lena Hackett





follows:


A COUNCIL RESOLUTION reappointing William Selm to the Metropolitan Development Commission.





20

William Selm





follows:


A COUNCIL RESOLUTION reappointing Mindy Westrick to the Metropolitan Development Commission.




Mindy Westrick




PROPOSAL NO. 454, 2019. The proposal, sponsored by Councillor Lewis, appoints Bryan

Chatfield to the Board of Business and Neighborhood Services. By a 10-0 vote, the Committee

reported the proposal to the Council with the recommendation that it do pass. Councillor Lewis

moved, seconded by Councillor Adamson, for adoption. Proposal No. 454, 2019 was adopted on

the following roll call vote; viz:



0 NAYS:



Proposal No. 454, 2019 was retitled COUNCIL RESOLUTION NO. 93 2019, and reads as follows:


A COUNCIL RESOLUTION appointing Bryan Chatfield to the Board of Business and Neighborhood Services.



SECTION 1. As a member of the Board of Business and Neighborhood Services, the Council appoints:

Bryan Chatfield

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2020. The person appointed



PROPOSAL NO. 455, 2019. Councillor Adamson reported that the Public Works Committee

heard Proposal No. 455, 2019 on November 19, 2019. The proposal, sponsored by Councillor

Adamson, appoints Kenneth Allen to the Board of Public Works. By a 6-0 vote, the Committee

reported the proposal to the Council with the recommendation that it do pass. Councillor Adamson

December 9, 2019

21

moved, seconded by Councillor McQuillen, for adoption. Proposal No. 455, 2019 was adopted on

the following roll call vote; viz:



0 NAYS:




follows:


A COUNCIL RESOLUTION appointing Kenneth Allen to the Board of Public Works.



SECTION 1. As a member of the Board of Public Works, the Council appoints:

Kenneth Allen

SECTION 2. The appointment made by this resolution is for a term ending December 31, 2020. The person appointed



SPECIAL ORDERS - PRIORITY BUSINESS

PROPOSAL NO. 476, 2019, PROPOSAL NOS. 477-482, 2019 and PROPOSAL NO. 483, 2019.

Introduced by Councillor Lewis. Proposal No. 476, 2019, Proposal Nos. 477-482, 2019 and

Proposal No. 483, 2019 are proposals for Rezoning Ordinances certified for approval by the

Metropolitan Development Commission on November 26 and 27, 2019. The President called for

any motions for public hearings on any of those zoning maps changes. There being no motions for

public hearings, the proposed ordinances, pursuant to IC 36-7-4-608, took effect as if adopted by

the City-County Council, were retitled for identification as REZONING ORDINANCE NOS. 147-

154, 2019, the original copies of which ordinances are on file with the Metropolitan Development

Commission, which were certified as follows:

REZONING ORDINANCE NO. 147, 2019.

2019-ZON-080

3130 EAST THOMPSON ROAD AND 3410 RUE CHANEL (APPROXIMATE ADDRESSES)

PERRY TOWNSHIP, COUNCIL DISTRICT #24

HOOSIER STORAGE SOUTH LLC, by Michael Rabinowitch

Rezoning of 4.613 acres from the C-3 district to the C-S district to provide for a self-storage facility

and C-3 uses.


2019-ZON-086

2801 SOUTH PENNSYLVANIA STREET (APPROXIMATE ADDRESS)

CENTER TOWNSHIP, COUNCIL DISTRICT #16

TESO DEVELOPMENT, by Christina M. Bruno

Rezoning of 3.91 acres from the C-1 district to the D-8 district.


2019-ZON-092

6917 BLUFF ROAD (APPROXIMATE ADDRESS)


22


SHIV REAL ESTATE II LLC, by Timothy E. Ochs

Rezoning of 0.9 acre from the C-3(W-5) and C-4(W-5) districts to the C-4(W-5) district.


2019-ZON-093

1544 SAMOA STREET (APPROXIMATE ADDRESS)


METROPOLITAN DEVELOPMENT COMMISSION, by Keith Holdsworth

Rezoning of 0.55 acre from the C-7 district to the C-3 district.


2019-ZON-094

5235 EAST SOUTHPORT ROAD (APPROXIMATE ADDRESS)

FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25

ELIOT SMITH

Rezoning of 0.81 acre from the C-S to the C-S district to permit automobile services uses in addition

to the C-1 and C-3 uses approved by 2010-CZN-820 and the stand-alone freezer approved by 2019-

ZON-042.


2019-ZON-095

8010 AND 8180 US 31 SOUTH (APPROXIMATE ADDRESS)


GPT INVESTMENTS LLC AND GREENWOOD POINT LP, by Joseph D. Calderon

Rezoning of 1.78 acres from the C-4 district to the C-5 district.


2019-ZON-096

1347 SOUTH EAST STREET (APPROXIMATE ADDRESS)


JC KUEHN CONSTRUCTION, by Sarah Walters

Rezoning of 0.09 acre from the C-1 district to the D-8 district.


2018-CZN-823

2333 LAFAYETTE ROAD AND 2290 WARMAN AVENUE (APPROXIMATE ADDRESSES)

WAYNE TOWNSHIP, COUNCIL DISTRICT #11

HERMAN AND KITTLE PROPERTIES, INC., by Joseph D. Calderon

Rezoning of 8.65 acres from the D-4 (W-5) and C-4 (W-5) districts to the D-9 (W-5) classification.

SPECIAL ORDERS - PUBLIC HEARING

PROPOSAL NO. 392, 2019. In Chairman Simpson’s absence, Councillor Jackson reported that

the Administration and Finance Committee heard Proposal No. 392, 2019 on December 3, 2019.

The proposal, sponsored by Councillor Simpson, approves additional appropriations and transfers

totaling $360,000 in the 2019 Budget of the Office of Corporation Counsel (Consolidated County

General Fund) to fund expert witness, legal and contractual costs incurred. By a 6-0 vote, the

Committee reported the proposal to the Council with the recommendation that it do pass.

The President called for public testimony at 7:43 p.m.

Larry Vaughn, citizen, congratulated members on their election wins and asked how much of this

money is going into the coffers of black professionals. He said that now that Democrats have a

super majority, they need to increase the participation of minority contractors in the future.

There being no further testimony, Councillor Jackson moved, seconded by Councillor Lewis, for

adoption. Proposal No. 392, 2019 was adopted on the following roll call vote; viz:

December 9, 2019

23



0 NAYS:



Proposal No. 392, 2019 was retitled FISCAL ORDINANCE NO. 26, 2019, and reads as follows:

CITY-COUNTY FISCAL ORDINANCE NO. 26, 2019

A FISCAL ORDINANCE amending the City-County Annual Budget for 2019 (City-County Fiscal Ordinance No. 22, 2018)

by additional appropriations totaling One Hundred Sixty Thousand dollars ($160,000) and by transfer of appropriations

totaling Two Hundred Thousand dollars ($200,000) for the purposes of the Office of Corporation Counsel.

BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE


SECTION 1. To provide for expenditures the necessity for which has arisen since its adoption, the City-County Annual

Budget for 2019 is hereby amended by the character increases and character transfers hereinafter stated for purposes of the

Office of Corporation Counsel.

SECTION 2. The Office of Corporation Counsel requests additional appropriations in Character Three totaling One

Hundred Sixty Thousand dollars ($160,000) in the Consolidated County General Subfund of the Consolidated County

General Fund and a transfer of appropriations from Character One to Character Three totaling Two Hundred Thousand

dollars ($200,000) in the Consolidated County General Subfund of the Consolidated County General Fund, to fund expert

witness, legal, and contractual costs:

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 TOTAL

Consolidated

County General (200,000) 360,000 160,000

SECTION 3. Upon approval of this, and other pending approvals, the following unappropriated fund balances are projected

to remain at the end of 2019:

2018 year-end balance Projected 2019 year-end balance

Consolidated County General Fund 148,321,156 152,583,663

SECTION 4. This ordinance shall be in full force and effect upon adoption and compliance with IC 36-3-4-14.



The proposal, sponsored by Councillor Simpson, approves the issuance of special taxing district

refunding bonds for the Indianapolis Public Safety Communications Systems and Computer

Facilities District to refund outstanding 2008 bonds in the amount of $15,105,000 and a master

equipment lease of 2018 with an outstanding amount of $24,500,000, to result in reduced interest

costs and debt service savings. By a 6-0 vote, the Committee reported the proposal to the Council

with the recommendation that it do pass.

The President called for public testimony at 7:46 p.m. There being no one present to testify,

Councillor Jackson moved, seconded by Councillor Adamson, for adoption. Proposal No. 396,

2019 was adopted on the following roll call vote; viz:


24

21 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Gray, Harris, Jackson, Johnson,

Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Shreve, Wesseler

0 NAYS:

2 NOT VOTING: Graves, Holliday


Proposal No. 396, 2019 was retitled SPECIAL ORDINANCE NO. 13, 2019, and reads as follows:

CITY-COUNTY SPECIAL ORDINANCE NO. 13, 2019

A SPECIAL ORDINANCE approving the issuance of special taxing district refunding bonds of the Indianapolis Public

Safety Communications Systems and Computer Facilities District (the “District”), and other matters related thereto.

WHEREAS, the Board of the Office of Public Health and Safety (the “Board”), being the governing body of the

District, has previously issued the City of Indianapolis Public Communications Systems and Computer Facilities District

Bonds of 2008 (the “2008 Bonds”), dated December 18, 2008, in the original aggregate principal amount of $40,000,000,

now outstanding in the aggregate principal amount of $15,105,000, to provide funds for (i) upgrading voice radio

communications systems supporting all law enforcement, fire and EMS agencies within the City of Indianapolis and

Marion County, Indiana (the “Consolidated City”), together with necessary appurtenances, related improvements and

equipment and the incidental expenses in connection therewith and (ii) paying the costs incurred in connection with

selling and issuing the 2008 Bonds; and

WHEREAS, the District has been advised that the refunding of all of the outstanding 2008 Bonds will result in

reduced interest costs and effect a debt service savings to the District; and

WHEREAS, on August 21, 2018, the Board entered into a Master Equipment Lease-Purchase Agreement with

Motorola Solutions, Inc. (the “2018 Lease”) for the lease-purchase of certain radio equipment for various law

enforcement and other agencies of the Consolidated City, in the amount of $24,500,000, of which $23,928,530.57

remains outstanding; and

WHEREAS, the Board has also been advised that prepayment of all of the outstanding balance of the purchase price

owed under the 2018 Lease will result in reduced interest costs;

And

WHEREAS, the 2008 Bonds and 2018 Lease are each payable from a special benefits tax levied and collected upon

all of the taxable property in the District pursuant to Indiana Code 36-8-15-14 and Indiana Code 36-8-15-18 (the “Special

Benefits Tax”); and

WHEREAS, the District has adopted or is expected to adopt a bond resolution (the “Bond Resolution”) authorizing

the issuance of special taxing district refunding bonds of the District to be designated as “City of Indianapolis Public

Safety Communications Systems and Computer Facilities District Refunding Bonds, Series 20__”, in the total principal

amount not to exceed $41,000,000 (the “Bonds”), in one or more series issued concurrently or at separate times, all or

any portion of which may be tax-exempt or taxable for federal income tax purposes, to provide funds for (i) refunding

the 2008 Bonds, (ii) prepaying the outstanding balance of the purchase price owed by the District under the 2018 Lease

and (iii) paying the costs incurred in connection with issuing the Bonds; and

WHEREAS, pursuant to the Bond Resolution, the Bonds will be payable from the Special Benefits Tax; and

WHEREAS, Indiana Code 5-1.4 provides that a “qualified entity,” which term includes the District, may issue and

sell its bonds to The Indianapolis Local Public Improvement Bond Bank (the “Bond Bank”); and

WHEREAS, the Executive Director of the Bond Bank has expressed a willingness to purchase the Bonds in a

negotiated sale or direct placement, subject to approval by the Board of Directors of the Bond Bank, with proceeds of

bonds to be issued by the Bond Bank (the “Bond Bank Bonds”) pursuant to the provisions of Indiana Code 5-1.4; and

WHEREAS, Indiana Code 36-3-5-8 requires the City-County Council of the Consolidated City (the “Council”) to

approve by resolution the issuance of bonds by any special taxing district of the City, including the District; and

WHEREAS, the District has requested the review and approval of the Council for the issuance of the Bonds pursuant

to Indiana Code 36-3-5-8, and the Council now finds that the issuance of the Bonds should be approved; now, therefore:

December 9, 2019

25



SECTION 1. The Council does hereby approve (i) the Bond Resolution; (ii) the issuance of the Bonds of the District,

in one or more series issued concurrently or at separate times, all or any portion of which may be tax-exempt or taxable

for federal income tax purposes, with a final maturity not later than January 1, 2029, in an original aggregate principal

amount not to exceed $41,000,000, payable from the Special Benefits Tax; and (iii) the use of the proceeds of the Bonds

to refund the 2008 Bonds, prepay the outstanding balance of the purchase price owed under the 2018 Lease, and pay

costs of issuance of the Bonds.

SECTION 2. This ordinance shall be in full force and effect upon adoption and compliance with Indiana Code 36-3-

4-14, 36-3-4-15 and 36-3-4-16.

PROPOSAL NO. 397, 2019. Councillor Lewis reported that the Metropolitan and Economic

Development Committee heard Proposal No. 397, 2019 on December 2, 2019. The proposal,

sponsored by Councillors Evans and Lewis, approves the issuance of tax increment revenue and

refunding bonds in the Airport Industrial Economic Development and Expansion Allocation Areas

and authorizes the issuance of the bonds by the Metropolitan Development Commission to finance

public improvements related to the Infosys Project, and the refunding of certain obligations for debt

service savings. By a 10-0 vote, the Committee reported the proposal to the Council with the

recommendation that it do pass.


Mr. Vaughn said that they have issued so many bonds to private corporations, like Celadon

Trucking, who received over $50 million in incentives, with $25 million of those bonds backed by

the credit of the city. And now, Celadon is filing bankruptcy and leaving drivers stranded, and will

not be paying back the city.

There being no further testimony, Councillor Lewis moved, seconded by Councillor Adamson, for



Johnson, Lewis, Mascari, McHenry, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Shreve,

Wesseler

0 NAYS:

1 NOT VOTING: Graves




A SPECIAL ORDINANCE of the City-County Council of the City of Indianapolis, Indiana approving the issuance of

Tax Increment Revenue Project And Refunding Bonds of the Redevelopment District of the City of Indianapolis, Indiana

(the “City”), in one or more series, payable from a pledge of taxes on real property located in the Airport Industrial

Economic Development Allocation Area and the Airport Industrial Economic Development Expansion Allocation Area

allocated and deposited into the Airport Industrial Economic Development Allocation Area Fund and the Airport

Industrial Economic Development Expansion Allocation Area Fund, respectively, pursuant to the provisions of Indiana

Code 36-7-15.1-26, and approving other matters related thereto.

WHEREAS, the Metropolitan Development Commission of Marion County, Indiana, acting as the Redevelopment

Commission of the City of Indianapolis, Indiana (the “Commission”), has previously created the Airport Industrial

Economic Development Area and the Airport Industrial Economic Development Expansion Area (collectively, the

“Areas”), pursuant to the provisions of Indiana Code 36-7-15.1, and has designated each area as an allocation are

pursuant to the provisions of Indiana Code 36-7-15.1-26 (collectively, the “Airport Allocation Areas”); and


26

WHEREAS, the Commission has designated a portion of the Areas as the Infosys Allocation Area pursuant to the

provisions of Indiana Code 36-7-15.1-26 (the “Infosys Allocation Area”); and

WHEREAS, there are currently outstanding certain obligations that constitute a charge on the taxes on real property

located in the Airport Allocation Areas allocated and deposited in each respective Allocation Funds pursuant to the

provisions of Indiana Code 36-7-15.1-26 (the “Pledged Tax Increment”) including the City of Indianapolis

Redevelopment District Tax Increment Revenue Refunding Bonds, Series 2007A, dated December 13, 2007 (the “2007A

Bonds”) and the City of Indianapolis Taxable Economic Development Revenue Bonds, Series 2007 (Ameriplex PRF

Accelerator Park Project), dated December 28, 2007 (the “2007 Bonds”); and

WHEREAS, the Commission, being the governing body of the Redevelopment District of the City of Indianapolis,

Indiana (the “District”), desires to issue bonds of the District for the purpose of procuring funds to be applied to costs of

(i) refunding the 2007 Bonds and 2007A Bonds for economic savings for the benefit of the District if financially feasible

based upon the advice of the District’s municipal advisor (the “Refunding”), (ii) planning, developing, and constructing

public infrastructure and real estate improvements in, serving or benefiting the Areas, together with necessary

appurtenances, related road and connector improvements, utility infrastructure, and equipment, in addition to any costs

of planning and design (all as more fully described in the Master Project Agreement dated November 14, 2018)

(collectively, the “Project”), (iii) funding a debt service reserve fund or paying capitalized interest as necessary, and (iv)

necessary and incidental costs associated with the Refunding, if applicable, the Project, and the issuance of bonds, all as

provided in the Act; and

WHEREAS, Indiana Code 36-3-5-8 requires the City-County Council of Indianapolis and of Marion County (the

“City-County Council”) to approve the issuance of bonds by any special taxing district of the City; and

WHEREAS, the District is a special taxing district of the City pursuant to statute; and

WHEREAS, Indiana Code 5-1.4 provides that a “qualified entity,” which term includes the District, may issue and

sell its bonds or notes to The Indianapolis Local Public Improvement Bond Bank (the ‘Bond Bank”); and

WHEREAS, the Bond Bank has expressed a willingness to purchase the Series 2020 Bonds (defined below) in a

negotiated sale subject to approval by the Board of Directors of the Bond Bank; and

WHEREAS, the Commission has adopted or will adopt a bond resolution (the “Bond Resolution”) authorizing

the issuance of Tax Increment Revenue Project and Refunding Bonds of the District (or such other similar designation)

(the “Series 2020 Bonds”), to be issued in one or more series in the aggregate principal amount not to exceed Forty -

Five Million Dollars ($45,000,000), on a taxable or tax-exempt basis, and the principal of and interest on which are

payable solely from the Pledged Tax Increment. The Commission may, but is under no obligation to, pay a portion

of the debt service from taxes on real property located in the Infosys Allocation Area; and

WHEREAS, the Commission has requested the approval of the City-County Council for the issuance of the Series

2020 Bonds by resolution pursuant to Indiana Code 36-3-5-8, and the City-County Council now finds that the issuance

of the Series 2020 Bonds should be approved; now, therefore



SECTION 1. The City-County Council does hereby approve (a) the adoption of the Bond Resolution by the Commission,

(b) the issuance of the Series 2020 Bonds of the District in one or more series, designated taxable or tax-exempt as

appropriate, in an aggregate principal amount not to exceed Forty-Five Million Dollars ($45,000,000), and payable as a

pledge of the Pledged Tax Increment, to apply to (i) the Refunding, if applicable, (ii) the Project, (iii) funding a debt

service reserve fund or paying capitalized interest as necessary, and (iv) necessary and incidental costs associated with

the Refunding, if applicable, the Project, and the issuance of bonds, all as provided in the Act, and (c) the appropriation

of the proceeds of the Series 2020 Bonds by the Commission for the aforementioned purposes.

SECTION 2. It is hereby determined that all formal actions of the City-County Council relating to the adoption of this

Resolution were taken in one or more open meetings of the City-County Council, that all deliberations of the City-County

Council and of its committees, if any, which resulted in formal action, were in meetings open to the public, and that all

such meetings were convened, held and conducted in compliance with applicable legal requirements, including Indiana

Code 5-14-1.5, as amended.

SECTION 3. The Mayor, the Controller, the Clerk and any other officer of the City are hereby authorized and directed,

in the name and on behalf of the City, to execute and deliver such further documents and to take such further actions as

December 9, 2019

27

such person deems necessary or desirable to effect the purposes of this Resolution, and any such documents heretofore

executed and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved.

SECTION 4. This Ordinance shall be in full force and effect upon compliance with Indiana Code 36-3-4-14.



sponsored by Councillors Mascari and Shreve, approves the 2020 Budget of the Greater Virginia

Avenue Corridor Economic Improvement District. By a 9-0-1 vote, the Committee reported the

proposal to the Council with the recommendation that it do pass.

Councillor Holliday asked for consent to abstain from voting to avoid the appearance of a conflict

of interest. Consent was given.


Mr. Vaughn said that he lives in that area, and all of the businesses revolve around alcohol, and this

Council and administration continues to promote intemperance. He said that there are too many

bars being subsidized by this Council and he asked the Council to change their policy and not

support alcoholism.

Councillor Shreve said that he is a co-sponsor for this proposal and there is more than alcohol in

Fountain Square, and this is a good and proper use for an improvement district. He said that they

are not spending millions of dollars; only $90,000.

There being no further testimony, Councillor Lewis moved, seconded by Councillor Adamson, for

adoption. Proposal No. 400, 2019 was adopted on the following roll call vote; viz: 21 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Gray, Harris, Jackson, Johnson,


0 NAYS:

2 NOT VOTING: Graves, Holliday




PROPOSAL FOR A FISCAL ORDINANCE approving the 2020 Budget of the Greater Virginia Avenue Corridor Economic

Improvement District.

WHEREAS, General Ordinance No. 47, 2018 (Proposal No. 199, 2018) established the Greater Virginia Avenue

Corridor Economic Improvement District (EID); and

WHEREAS, Section 121-603 of the “Revised Code of the Consolidated City and County” provides that the EID Board

is to be appointed by the Council, and the Board is to prepare and submit a proposed budget governing the Board’s projected

expenditures from the Greater Virginia Avenue Corridor Economic Improvement Fund; and

WHEREAS, pursuant to IC 36-7-22-17(a) and Section 121-603(b) of the Revised Code, the Council may approve,

modify, or reject the EID Board’s proposed budget; and

WHEREAS, the EID Board has now prepared and submitted a proposed budget for calendar year 2020 to the Council;

now, therefore:




28

SECTION 1. Pursuant to IC 36-7-22-17(a) and Section 121-603(b) of the “Revised Code of the Consolidated City and

County,” the Greater Virginia Avenue Corridor Economic Improvement Board has submitted its proposed budget for

calendar year 2020. The proposed budget is attached hereto and made a part hereof, marked as Exhibit A. The total proposed

budget is Eighty Thousand Three Hundred Twenty-One Dollars ($80,321).

SECTION 2. The Council hereby approves the proposed budget submitted by the Greater Virginia Avenue Corridor

Economic Improvement Board for calendar year 2020.




sponsored by Councillors Adamson and Lewis, approves the 2020 Budget of the Woodruff Place

Economic Improvement District. By a 9-0 vote, the Committee reported the proposal to the Council

with the recommendation that it do pass.


Mr. Vaughn said they should not be imposing taxes for improvements in certain neighborhoods

that the city should be paying for, and they should not be giving taxing authority to neighborhood

boards.

There being no further testimony, Councillor Lewis moved, seconded by Councillor Adamson,

for adoption. Proposal No. 401, 2019 was adopted on the following roll call vote; viz:



Wesseler

0 NAYS:





PROPOSAL FOR A FISCAL ORDINANCE approving the 2020 Budget of the Woodruff Place Economic Improvement

District.

WHEREAS, General Ordinance No. 67, 2016 (Proposal No. 249, 2015) established the Woodruff Place Economic

Improvement District (EID); and

WHEREAS, Section 121-603 of the “Revised Code of the Consolidated City and County” provides that the EID Board

is to be appointed by the Council, and the Board is to prepare and submit a proposed budget governing the Board’s projected

expenditures from the Woodruff -Place Economic Improvement Fund; and

WHEREAS, pursuant to IC 36-7-22-17(a) and Section 121-603(b) of the Revised Code, the Council may approve,

modify, or reject the EID Board’s proposed budget; and

WHEREAS, the EID Board has now prepared and submitted a proposed budget for calendar year 2020 to the Council;

now, therefore:



SECTION 1. Pursuant to IC 36-7-22-17(a) and Section 121-603(b) of the “Revised Code of the Consolidated City and

County,” the Woodruff Place Economic Improvement Board has submitted its proposed budget for calendar year 2020. The

December 9, 2019

29

proposed budget is attached hereto and made a part hereof, marked as Exhibit A. The total proposed budget is Forty-five

Thousand Dollars ($45,000).

SECTION 2. The Council hereby approves the proposed budget submitted by the Woodruff Place Economic

Improvement Board for calendar year 2020.


PROPOSAL NO. 406, 2019. Councillor Robinson reported that the Public Safety and Criminal

Justice Committee heard Proposal No. 406, 2019 on December 4, 2019. The proposal, sponsored

by Councillor Robinson, approves additional appropriations totaling $589,350 in the 2019 Budget

of the Marion County Sheriff (MECA Emergency Phone System and State Grants Funds) to

cover union increases for dispatchers, an upgrade to the security system, and for training. By a 9-

0 vote, the Committee reported the proposal to the Council with the recommendation that it do

pass.

The President called for public testimony at 7:55 p.m. There being no one to testify, Councillor

Robinson moved, seconded by Councillor Adamson, for adoption. Proposal 406, 2019 was

adopted on the following roll call vote; viz:



Wesseler

0 NAYS:






by appropriating a total of Five Hundred Eighty-Nine Thousand Three Hundred Fifty Dollars ($589,350) for purposes of the

Marion County Sheriff.




Budget for 2019 is hereby amended by the increases hereinafter stated for purposes of the Marion County Sheriff.

SECTION 2. The Marion County Sheriff requests an additional appropriation in the amount of Five Hundred Thousand

($500,000) in character one and Eighty Thousand ($80,000) in character three of the MECA Emergency Phone System Fund

to cover union increases and upgrades to the security system. The following changes to appropriations are hereby approved:

FUND CHAR 1 CHAR 2 CHAR 3 CHAR 4 CHAR 5 TOTAL

MECA Emergency

Phone System

Fund

500,000

80,000

580,000

SECTION 3. In support of appropriation provided in Section 2, revenues totaling $580,000 are to be distributed from the

State of Indiana as part of a supplemental E-911 distribution.

SECTION 4. The Marion County Sheriff requests an additional appropriation in the amount of Nine Thousand Three

Hundred Fifty Dollars ($9,350) in character three of the State Grant Fund for training. The following changes to

appropriations are hereby approved:


30


State Grant Fund

9,350

9,350

SECTION 5. Upon approval of this and other pending proposals, the following unappropriated fund balances are projected


Fund 2018 Year-End Balance Projected 2019 Year-End Balance

MECA Emergency Phone System $1,302,120 $1,121,508

State Grant $0 $0




by Councillor Robinson, approves an additional appropriation of $250,000 in the 2019 Budget of

the Marion County Prosecutor (Federal Grants Fund) with a corresponding reduction of $250,000

(State Grants Fund), due to Department of Child Services funding now being considered federal

funding instead of state funding. By a 9-0 vote, the Committee reported the proposal to the

Council with the recommendation that it do pass.


Mr. Vaughn said that this is one of the most dangerous things to which they could subject their

children. This takes Indiana off the hook and allows the federal government to come in with their

rules, which is a big mistake, because there is no compassion in those federal rules. Contracts

come with stipulations, and this puts their children at the mercy of the federal government.

Councillor McQuillen said that if this funding was not shifted, the net result would be a loss to

the city of $250,000.

There being no further testimony, Councillor Robinson moved, seconded by Councillor

Adamson, for adoption. Proposal 407, 2019 was adopted on the following roll call vote; viz:



Wesseler

0 NAYS:



Proposal No. 407, 2019 was retitled FISCAL ORDINANCE NO. 30 2019, and reads as follows:



by adding appropriations totaling $250,000 in the Federal Grant Fund and reducing appropriations in the State Grant Fund

totaling $250,000.



December 9, 2019

31


Budget for 2019 is hereby amended by the increases and decreases hereinafter stated for purposes of the Marion County

Prosecutor’s Office.

SECTION 2. The Marion County Prosecutor’s Office, requests additional appropriations totaling $250,000 to the Federal

Grant Fund to cover employee costs. The following changes to appropriations are hereby approved:


Federal Grant

Fund $250,000 $250,000

SECTION 3. The Marion County Prosecutor’s Office, requests a reduction in appropriations totaling $250,000 from the

State Grant Fund. The following changes to appropriations are hereby approved:


State Grant Fund -$250,000 $0

SECTION 4. Upon approval of this, and other pending approvals, the 2018-year end and projected 2019-year end fund

balances are as follows:


State Grant Fund $0 $0

Federal Grant Fund $0 $0




by Councillor Robinson, approves an additional appropriation of $2,085,000 in the 2019 Budget

of the Marion Superior Court (Guardian Ad Litem and Drug Treatment Diversion Funds) and a

transfer of appropriations of $185,000 and additional reduction of $1,127,483 (County General

Fund) to cover the cost of Guardian Ad Litem services, drug testing, and other contractual

services. By a 9-0 vote, the Committee reported the proposal to the Council with the



Mr. Vaughn said that this would allow a judge in essence to convict the child of a felon, as most

of these are CHINS cases, and when they get turned over to the federal officials, they no longer

have any say on what direction they take with them.

There being no further testimony, Councillor Robinson moved, seconded by Councillor Lewis,

for adoption. Proposal No. 408, 2019 was adopted on the following roll call vote; viz:



Wesseler

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Proposal No. 408, 2019 was retitled FISCAL ORDINANCE NO. 31 2019, and reads as follows:


32


A FISCAL ORDINANCE amending the City-County Annual Budget for 2019 (City-County Fiscal Ordinance

No. 22, 2018) by appropriating a total of $2,085,000, transferring $185,000 of appropriations, and a reduction

of $1,127,483 of appropriations for purposes of the Marion Superior Court.



SECTION 1. To provide for expenditures the necessity for which has arisen since its adoption, the City-County

Annual Budget for 2019 is hereby amended by the increases and decreases hereinafter stated for purposes of

the Marion Superior Court.

SECTION 2. The Marion Superior Court requests an additional appropriation in the amount of Two Million

Seventy-Five Thousand ($2,075,000) in character three of the Guardian Ad Litem Fund to cover contractual

services for the remainder of 2019. The following changes to appropriations are hereby approved:


Guardian Ad

Litem 2,075,000 2,075,000

SECTION 3. In support of appropriation provided in Section 2 for the Guardian Ad Litem Fund, revenues

totaling $2,075,000 are to be transferred from the County General Fund to the Guardian Ad Litem Fund.

SECTION 4. In support of appropriations provided in Section 2, the Marion Superior Court requests a budget

reduction totaling One Million One Hundred Twenty-Seven Thousand Four Hundred Eighty-Three Dollars

($1,127,483) in character one of the County General Fund. The following changes to appropriations are hereby

approved:


County

General (1,127,483) (1,127,483)

SECTION 5. The Marion Superior Court requests a transfer of appropriation by reducing character one by One

Hundred Thousand ($100,000), character two by Fifty Thousand ($50,000), and character four by Thirty-Five

Thousand ($35,000) and increasing character three by One Hundred Eighty-Five Thousand ($185,000) in the

County General Fund to cover contractual services for the remainder of 2019. The following changes to



County

General (100,000) (50,000) 185,000 (35,000) 0

SECTION 6. The Marion Superior Court, requests additional appropriations of Ten Thousand ($10,000) in

character three of the Drug Treatment Diversion Fund to cover drug testing costs. The following changes to



Drug

Treatment

Diversion

10,000 10,000

SECTION 7. Upon approval of this and other pending proposals, the following unappropriated fund balances

are projected to remain at the end of 2019:

December 9, 2019

33


Guardian Ad Litem $269,687 $0

County General $27,037,746 $29,262,174

Drug Treatment Diversion $126,078 $95,380





the Marion County Coroner (County General Fund) to address shortfall in staffing, supplies and

pathology costs due to the increased number of death investigations. By a 9-0 vote, the Committee

reported the proposal to the Council with the recommendation that it do pass.


Mr. Vaughn said that this proves his point even further and this increase is due to more people

dying of drug addiction. This city continues to placate them, administering over 2,500 doses of

Narcan at $6,000 a dose this past year. Councillor Lewis called for a point of order and stated that

these comments are not germane to Proposal No. 409, 2019.

There being no further testimony, Councillor Robinson moved, seconded by Councillor Lewis, for




Wesseler

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A FISCAL ORDINANCE amending the City-County Annual Budget for 2019 (City-County Fiscal Ordinance

No. 22, 2018) by adding additional appropriations totaling $344,236.



SECTION 1. To provide for expenditures the necessity for which has arisen since its adoption, the City-County

Annual Budget for 2019 is hereby amended by the increases and decreases hereinafter stated for purposes of

the Marion County Coroner’s Office.

SECTION 2. The Marion County Coroner’s Office, requests an additional appropriation of Thirty-Five

Thousand Six Hundred Ninety-Three ($35,693) in character one, Twenty-Seven Thousand Six Hundred

Twenty-Six ($27,626) in character two, and Two Hundred Eighty Thousand Nine Hundred Seventeen

($280,917) in character three to cover increased operation costs associated with increased death investigations.

The following changes to appropriations are hereby approved:


34


County

General $35,693 $27,626 $280,917 $344,236

SECTION 3. Upon approval of this, and other pending approvals, the 2018-year end and projected 2019-year

end fund balances are as follows:


County General $27,037,746 $29,262,174




by Councillor Robinson, approves additional appropriations and transfers totaling $124,412 in the

2019 Budget of the Marion County Public Defender Agency (County General and Local Grants

Funds) to cover the cost of transitioning contract employees to full-time positions, expenses

associated with capital case and expert witnesses, and for the training of two employees at the

Juvenile Defender Leadership due to a professional development grant from the Indiana Youth

Institute. By a 10-0 vote, the Committee reported the proposal to the Council with the



Mr. Vaughn said that juvenile crime is a very expensive process which has been exacerbated by

creating charter schools. The city is using part of this funding in the General Fund on the backs of

these underserved minority children, causing these children to not even be able to learn to read. He

said that it is pathological to subject their children to this.

There being no further testimony, Councillor Robinson moved, seconded by Councillor

Adamson, for adoption. Proposal No. 410, 2019 was adopted on the following roll call vote; viz:



Wesseler

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by additional appropriations totaling $98,412 and transferring $26,000 for the purposes of the Marion County Public

Defender Agency.




Budget for 2019 is hereby amended by the transfers and increases hereinafter stated for purposes of the Marion County

Public Defender Agency.

December 9, 2019

35

SECTION 2. The Marion County Public Defender Agency requests a transfer of appropriations totaling $26,000. This action

will transfer $8,600 from character two and $17,400 from character four to Character one. The Public Defender Agency also

requests additional appropriations of $82,000 in character one and $15,000 in character three. The following changes to



County General $108,000 -$8,600 $15,000 -$17,400 $97,000

SECTION 3. The Marion County Public Defender Agency requests an additional appropriation of $1,412 to character three

for receiving a professional development grant from the Indian Youth Institute. The following changes to appropriations are

hereby approved:


Local Grant $1,412 $1,412




County General $27,037,746 $29,262,174

Local Grant $0 $0




by Councillor Robinson, approves an additional appropriation of $1,151,076 in the 2019 Budget of

the Office of Public Health and Safety (Metro Emergency Communications Fund) to fund the

maintenance payment on the CAD system, for infrastructure projects, and system related projects;

funded in part by a transfer of $350,000 from Character 01 to Characters 02 ($45,000) and 03

($305,000). By a 9-0 vote, the Committee reported the proposal to the Council with the

recommendation that it do pass as amended.


Councillor Robinson moved, seconded by Councillor Lewis, for adoption. Proposal No. 412, 2019

was adopted on the following roll call vote; viz:



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by additional appropriations of One Million One Hundred Fifty-One Thousand Seventy-Six dollars ($1,151,076) and a

transfer of Three Hundred Fifty Thousand dollars ($350,000).




36


Budget for 2019 is hereby amended by the fund and character increase hereinafter stated for purposes of the Office of Public

Health and Safety.

SECTION 2. The Office of Public Health and Safety, requests a transfer in the Metro Emergency Communications fund.

These funds will be used for the maintenance payment on the CAD system, for infrastructure projects and system related

projects.


Metro Emergency

Communications (350,000)

45,000

305,000

0

SECTION 3. The Office of Public Health and Safety, requests an additional appropriation in the Metro Emergency

Communications fund. These funds will be used for the maintenance payment on the CAD system, for infrastructure

projects and system related projects.


Metro Emergency

Communications

1,151,076

1,151,076

SECTION 4. In support of the additional appropriation provided in Section 2, revenue totaling One Million One Hundred

Fifty-One Thousand Seventy-Six dollars ($1,151,076) was received from the State E-911 Distribution.




Metro Emergency

Communications 929,353 416,710





the Marion County Community Corrections Agency (State Grant Fund) from unspent grant dollars

for security upgrades at Duvall Residential Center. By a 9-0 vote, the Committee reported the

proposal to the Council with the recommendation that it do pass as amended.

Councillor Gray asked if they overbudgeted in order to have this kind of money left over at the end

of the year. Deputy Controller David Hortemiller, Office of Finance and Management, said that

most of this expenditure is made up of transfers within the existing budget and this is just a clean-

up ordinance. Councillor Gray said that this does not answer his question. Mr. Hortemiller said

that they always encourage agencies to promote savings and it is hard to predict every cost 18

months in advance.


Councillor Robinson moved, seconded by Councillor Adamson, for adoption. Proposal No. 413,


December 9, 2019

37



Wesseler

0 NAYS:






by adding additional appropriations totaling $437,463 for the purposes of the Marion County Community Corrections.





Community Corrections.

SECTION 2. The Marion County Community Corrections requests an additional appropriation of Fifty Thousand ($50,000)

in character two, One Hundred Fifty ($150,000) in character three, and Two Hundred Thirty-Seven Thousand Four Hundred

Sixty-Three in character four of the State Grant Fund for security upgrades at Duvall. The following changes to



State Grants

Fund $50,000 $150,000 $237,463 $437,463




State Grants Fund $0 $0


SPECIAL ORDERS - FINAL ADOPTION



The proposal, sponsored by Councillor Simpson, approves a transfer of $26,000 in the 2019 Budget

of the Marion County Auditor (Auditor's Ineligible Deduction Fund) to purchase a new vehicle.

By a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it

do pass. Councillor Jackson moved, seconded by Councillor Lewis, for adoption. Proposal No.

391, 2019 was adopted on the following roll call vote; viz:



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38



by transferring appropriations of Twenty-Six Thousand ($26,000) for purposes of the Marion County Auditor.




Budget for 2019 is hereby amended by the character transfer hereinafter stated for purposes of the Marion County Auditor.

SECTION 2. The Marion County Auditor requests a transfer of appropriation in the amount of Twenty-Six Thousand

($26,000) from character one to character four of the Auditor’s Ineligible Deduction Fund to purchase a vehicle for the

Auditor. The following changes to appropriations are hereby approved:


Auditor’s Ineligible

Deduction Fund (26,000)

26,000

0




Auditor’s Ineligible Deduction Fund $2,191,420 $2,093,291




The proposal, sponsored by Councillor Simpson, approves a transfer of $25,000 in the 2019 Budget

of the City-County Council (Consolidated County General Fund) to fund increases to staffing. By

a 6-0 vote, the Committee reported the proposal to the Council with the recommendation that it do

pass. Councillor Jackson moved, seconded by Councillor Adamson, for adoption. Proposal No.




Wesseler

0 NAYS:






by transfer of appropriations totaling Twenty-Five Thousand dollars ($25,000) for the purposes of the City-County Council.




Budget for 2019 is hereby amended by the character transfers hereinafter stated for purposes of the City-County Council.

December 9, 2019

39

SECTION 2. The City-County Council requests a transfer of appropriations from Character Three to Character One totalling

Twenty-Five Thousand dollars ($25,000) in the Consolidated County General Subfund of the Consolidated County General

Fund, to fund increases to staffing:


Consolidated

County General 25,000 (25,000) -

SECTION 3. Upon approval of this, and other pending approvals, the following unappropriated fund balances are projected







The proposal, sponsored by Councillor Simpson, approves a transfer of appropriations of $400,000

in the 2019 Budget of the Marion County Elections Board (County General Fund) for contracting

temporary staff and other related vendor expenses to conduct the 2019 General Elections. By a 6-


pass. Councillor Jackson moved, seconded by Councillor Lewis, for adoption. Proposal No. 394,



Johnson, Lewis, Mascari, McQuillen, Mowery, Oliver, Osili, Ray, Robinson, Shreve

1 NAY: McHenry

2 NOT VOTING: Graves, Wesseler





by a transfer of appropriations of Four Hundred Thousand dollars ($400,000).




Budget for 2019 is hereby amended by the fund and character transfer hereinafter stated for purposes of the Marion County

Elections Board.

SECTION 2. The Marion County Elections Board requests a transfer of appropriation totaling Four Hundred Thousand

dollars ($400,000) from Character 1 to Character 3 of the County General fund to be used for contracting temporary staff

and other related expenses to conduct the FY2019 General Elections.


County General (400,000)

400,000

0





40

County General 27,037,746 29,262,174




The proposal, sponsored by Councillor Simpson, approves a transfer of appropriations of $650,000

in the 2019 Budget of the Information Services Agency (Information Services Fund) to cover

department understaffing due to slow hiring and attrition, and to serve as transition costs for Bell

Technologix to insure improved service management and support starting in November. By a 6-0

vote, the Committee reported the proposal to the Council with the recommendation that it do pass.

Councillor Jackson moved, seconded by Councillor Adamson, for adoption. Proposal No. 395,


21 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Gray, Harris, Jackson, Johnson,


1 NAY: Holliday






by transferring appropriations totaling Six Hundred and Fifty Thousand Dollars ($650,000).




Budget for 2019 is hereby amended by the character transfer hereinafter stated for purposes of the Marion County

Information Service Agency.

SECTION 2. The Marion County Information Service Agency requests a transfer in appropriations of $650,000 from

character one to character three in the Information Services Fund. The following changes to appropriations are hereby

approved:


Information

Service Fund -$650,000 $650,000 $0




Information Service Fund $3,652,955 $3,804,851




sponsored by Councillor Lewis, approves a transfer of appropriations of $366,785 in the 2019

Budget of the Department of Business and Neighborhood Services (Consolidated County General

Fund) to fund animal supplies, medical services, building repairs and capital investment. By a 10-

December 9, 2019

41


pass. Councillor Lewis moved, seconded by Councillor Oliver, for adoption. Proposal No. 398,




Wesseler

0 NAYS:






by transfer of appropriations totaling Three Hundred Sixty-Six Thousand Seven Hundred Eighty-Five dollars ($366,785)

for the purposes of the Department of Building and Neighborhood Services.




Budget for 2019 is hereby amended by the character transfers hereinafter stated for purposes of the Department of Business

and Neighborhood Services.

SECTION 2. The Department of Business and Neighborhood Services requests a transfer of appropriations from Character

One totaling Three Hundred Sixty-Six Thousand Seven Hundred Eighty-Five dollars ($366,785) to Character Two totaling

Fifty-Two Thousand dollars ($52,000), to Character Three totaling Two Hundred Thirty-Three Thousand Three Hundred

Thirty-Five dollars ($233,335), to Character Four totaling Eighty-One Thousand Four Hundred Fifty dollars ($81,450) in

the Consolidated County General Subfund of the Consolidated County General Fund. These funds will finance animal

supplies, medical services, building repairs, and capital investment:


Consolidated

County General (366,785) 52,000 233,335 81,450

-



2018 Year-End Balance Projected 2019 Year-End Balance





sponsored by Councillor Lewis, approves total expenditures of $1,487,330.44 in the 2020

Community Revitalization Enhancement District (CRED) funds for various improvements

benefitting the Lafayette Square aka International Marketplace CRED District. By a 9-0 vote, the


Councillor Shreve clarified that it was an 8-1 vote in committee, as he voted in opposition.

Councillor Lewis moved, seconded by Councillor Oliver, for adoption. Proposal No. 399, 2019



42


Johnson, Lewis, Mascari, McHenry, Mowery, Oliver, Osili, Ray, Robinson

3 NAYS: McQuillen, Shreve, Wesseler




CITY-COUNTY GENERAL RESOLUTION NO. 41, 2019

PROPOSAL FOR A GENERAL RESOLUTION to approve expenditures from the Community Revitalization

Enhancement District’s Industrial Development Fund, established pursuant to IC 36-7-13-4, for use within the Lafayette

Square Community Revitalization Enhancement District (CRED) a/k/a International Marketplace.

WHEREAS, a Community Revitalization Enhancement District (hereinafter referred to as “CRED”) was created,

pursuant to IC 36-7-13, et seq, (hereinafter referred to as the “Act”) in a section of the City of Indianapolis (“City)

commonly and alternatively known as Lafayette Square and/or the International Marketplace; and

WHEREAS, in accordance with the Act, a CRED Industrial Development Fund (hereinafter referred to as the

“CRED Fund”) was established which annually receives a portion of: (a) state and local income taxes paid by employees

in the CRED; and (b) state retail and use taxes generated by businesses within the CRED; and

WHEREAS, an Advisory Commission on Industrial Development (hereinafter referred to as the “CRED

Commission”) has been appointed by the City’s Mayor, pursuant to Section 5 of the Act, to coordinate the efforts of the

City and the private sector with regard to redevelopment of the CRED; and

WHEREAS, the City previously commissioned studies and drafted plans that identified impediments to

redevelopment and indicated that catalytic projects were needed to attract visitors and customers from around the region

to support the small business within the CRED District and attract new businesses to the area; and

WHEREAS, to address obstacles identified and goals formulated in the study, the Act allows CRED funds to be

used, among other purposes, to fund Site Improvements, Buildings, Structures, Rehabilitation, and Administration and

Operating Expenses; and

WHEREAS, the CRED Commission has determined that expenditures of $1,487,330.44 during calendar year 2020

that will meet those needs; and

WHEREAS, the City-County Council of Indianapolis and Marion County, Indiana (hereinafter referred to as

"Council") is empowered by the Act to make certain expenditures from the CRED Fund as long as a majority of the

members of the CRED Commission have provided the Council with written approval of such expenditures; and

WHEREAS, on November 4, 2019, a majority of the members of the CRED Commission adopted and approved

certain expenditures from the CRED Fund, totaling $1,487,330.44, for activities authorized by the Act, as reflected in

the CRED Commission Resolution; now therefore



SECTION 1. The Council hereby approves expenditures from the CRED Fund in the total amount of $1,487,330.44 for

the expenditures that are described in more detail in the attached Budget for these CRED redevelopment activities

authorized by the Act, as specified in the CRED Commission Resolution.

SECTION 2. The Council hereby authorizes the City’s Department of Metropolitan Development and its Director to take

such further actions and execute such documents as deemed necessary or advisable to effectuate the expenditure approval set

forth in SECTION 1 of this Resolution in furtherance of redevelopment of the CRED.


December 9, 2019

43



sponsored by Councillor Harris, approves an inducement resolution for MHL 1 Central Greens, LP

for the issuance of economic development multi-family housing revenue bonds in an amount not

to exceed $19,000,000 to finance a portion of the cost of acquisition, construction, financing and

equipping of a new multifamily housing facility consisting of 156 apartment units, together with

functionally related and subordinate facilities for low and moderate income individuals and families

(3355 Kirkbride Way) (Council District 15). By a 9-0 vote, the Committee reported the proposal

to the Council with the recommendation that it do pass. Councillor Lewis moved, seconded by

Councillor Adamson, for adoption. Proposal No. 402, 2019 was adopted on the following roll call

vote; viz:



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A SPECIAL ORDINANCE approving and authorizing certain actions and proceedings with respect to certain proposed

economic development revenue bonds.

WHEREAS, Indiana Code Title 36, Article 7, Chapters 11.9 and 12 (collectively, the “Act”) declares that the

financing and refinancing of economic development facilities constitutes a public purpose; and

WHEREAS, pursuant to the Act, the City of Indianapolis, Indiana (the “City”), is authorized to issue revenue bonds

for the purpose of financing, reimbursing or refinancing the costs of acquisition, construction, renovation, installation

and equipping of economic development facilities in order to foster diversification of economic development, creation

or retention of opportunities for gainful employment and affordable housing in or near the City; and

WHEREAS, Mercy Housing Lakefront and Maco Properties, LLC, one or more subsidiaries or affiliates thereof,

and/or one or more entities in which any of the foregoing entities is a member or partner, whether such entity is currently

in existence or is to be created following the date hereof (collectively, the “Company”), in cooperation with the City,

desires to finance certain projects, additions or improvements within the City, including all or any portion of the

acquisition, construction, financing and equipping of multifamily housing facilities consisting of 156 apartment units,

together with functionally related and subordinate facilities for low and moderate income individuals and families, to be

located at 3355 Kirkbride Way, in Indianapolis, Indiana (collectively, the “Project”) in Council District 15 of the City-

County Council of the City of Indianapolis and of Marion County, Indiana (the “City-County Council”); and

WHEREAS, the Company has advised the Indianapolis Economic Development Commission (the “Commission”)

and the City concerning the Project, and has requested that the City issue, pursuant to the Act, one or more series of its

taxable or tax-exempt City of Indianapolis, Indiana, revenue bonds (with such further or different series designation as

may be necessary, desirable or appropriate, including such series designation to indicate the year in which the bonds are

issued) (the “Bonds”) in the approximate aggregate combined principal amount of Nineteen Million Dollars

($19,000,000), for the purpose of providing funds for paying all or part of the costs of the Project by making a portion of

the proceeds of such Bonds available to the Company and paying all incidental expenses in connection with and on

account of the issuance of the Bonds; and

WHEREAS, the Commission has studied the Project and the proposed financing of the Project and its effects on the

health and general welfare of the City and its citizens; and

WHEREAS, the completion of the Project will result in the diversification of industry, the creation and retention of

jobs, the creation and retention of business opportunities in the City, the creation and retention of affordable housing in

the City, and will be of public benefit to the health safety and general welfare of the City and its citizens; and


44

WHEREAS, pursuant to and in accordance with the Act, the City desires to provide funds necessary to finance all

or a portion of the Project by issuing the Bonds; and

WHEREAS, the diversification of industry and creation or retention of job opportunities to be achieved by the

acquisition, construction, financing and equipping of the Project will be of public benefit to the health, safety and general

welfare of the City and its citizens; and

WHEREAS, it is tentatively found that the acquisition, construction, financing and equipping of the Project will not

have an adverse competitive effect on any similar facility already constructed or operating near or in Indianapolis,

Indiana; and

WHEREAS, the Commission approved a report (the “EDC Report”) and adopted an inducement resolution (the

“EDC Inducement Resolution”) which EDC Report and EDC Inducement Resolution have been forwarded by the

Commission to this City-County Council making findings that the financing of the Project complies with the purposes

and provisions of the Act and that such financing will be of benefit to the health and welfare of the City, and that the

Project will not have an adverse competitive effect or impact on any similar facility already constructed or operating in

the same market area or in or about Marion County, Indiana; and

WHEREAS, based upon the EDC Report and the EDC Inducement Resolution, this City-County Council hereby

finds and determines that the funding preliminarily approved by the Economic Development Commission for all or a

portion of the Project will be of benefit to the health and general welfare of the citizens of the City, complies with the

provisions of the Act and the amount necessary to finance all or a portion of the costs of the Project, together with

incidental expenses incurred in connection therewith, will require the issuance, sale and delivery of one or more series of

economic development revenue bonds in an approximate aggregate combined principal amount of Nineteen Million

Dollars ($19,000,000); and

WHEREAS, this City-County Council desires to declare its intent to reimburse the costs of the Project pursuant to

Treas. Reg. §1.150-2 and Indiana Code §5-1-14-6(c); now, therefore:



SECTION 1. After considering the evidence presented and findings of fact set forth in the EDC Report, this City-

County Council hereby finds, determines, ratifies and confirms that the financing of the economic development facilities

consisting of the Project, the issuance and sale of the Bonds, and the use of the net proceeds thereof by the City and/or

the Company to finance all or a portion of the Project will: (i) result in the diversification of industry, the creation or

retention of business opportunities, the creation or retention of opportunities for gainful employment and the creation of

affordable housing within the jurisdiction of the City; (ii) serve a public purpose, and will be of benefit to the health and

general welfare of the City; (iii) comply with the purposes and provisions of the Act and it is in the public interest that

the City take such lawful action as determined to be necessary or desirable to encourage the diversification of industry,

the creation or retention of business opportunities, the creation or retention of opportunities for gainful employment and

the creation of affordable housing within the jurisdiction of the City; and (iv) not have a material adverse competitive

effect on any similar facilities already constructed or operating in or near Marion County, Indiana. The findings of fact

set forth in the EDC Report and this paragraph are based upon evidence and testimony presented to the Commission at

its meeting on September 25, 2019 that the proceeds of the Bonds will be used for the Project and costs of issuance for

the Bonds.

SECTION 2. This City-County Council hereby finds and determines that the issuance and sale of one or more series

of its taxable or tax-exempt economic development revenue bonds in an approximate combined aggregate principal of

Nineteen Million Dollars ($19,000,000) of the City under the Act for the lending of the proceeds of the revenue bonds to

the Company for the purpose of financing a portion of the cost of the acquisition, construction, financing and equipping

of the Project will serve the public purposes referred to above, in accordance with the Act.

SECTION 3. In order to induce the Company to proceed with the acquisition, financing and equipping of the Project,

this City-County Council hereby finds and determines that (i) it will take or cause to be taken such actions pursuant to

the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof;

provided that (a) all of the foregoing shall be mutually acceptable to the City and the Company and (b) subject to the

further caveat that this inducement resolution expires on December 31, 2020, unless such bonds have been issued or an

Ordinance authorizing the issuance of such bonds has been adopted by this City-County Council of the City prior to the

aforesaid date or unless, upon a showing of good cause by the Applicant or the Company, the City, by official action,

extends the term of the inducement resolution; and (ii) it will adopt such resolutions and authorize the execution and

December 9, 2019

45

delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization,

issuance and sale of said economic development revenue bonds provided that at the time of the proposed issuance of

such bonds the inducement resolution is still in effect; and (iii) it will use its best efforts to assist the Company in

procuring the issuance of additional economic development revenue bonds, if such additional bonds become necessary

for refunding or refinancing the outstanding principal amount of the economic development revenue bonds, for

completion of the Project and for additions to the Project, including the costs of issuing additional bonds (provided that

the financing of such addition or additions to the Project is found to have a public purpose (as defined in the Act) at the

time of the authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of

the Act.

SECTION 4. All costs of the Project incurred after the date permitted by applicable federal tax and state laws,

including reimbursement or repayment to the Company of moneys expended by the Company for application fees,

planning, engineering, a portion of the interest paid during acquisition, construction, financing and equipping,

underwriting expenses, attorney and bond counsel fees, and acquisition, construction and equipping of the Project will

be permitted to be included as part of the bond issue to finance the Project, and the City will lend the proceeds from the

sale of the bonds to the Company for the same purposes. Also, certain indirect expenses, including but not limited to,

planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included

as part of the bond issue to finance the Project. This resolution shall constitute “official action” for purposes of

compliance pursuant to Treas. Reg. §1.150-2 and IC 5-1-14-6(c) requiring governmental action as authorization for future

reimbursement from the proceeds of bonds.




sponsored by Councillor Robinson, approves the statement of benefits application of Nukemed, Inc

(d/b/a SpectronRX) and Castle Park Investment Group, LLC, an applicant for tax abatement for

property located in an economic revitalization area. By a 9-0 vote, the Committee reported the

proposal to the Council with the recommendation that it do pass. Councillor Lewis moved,

seconded by Councillor Adamson, for adoption. Proposal No. 403, 2019 was adopted on the

following roll call vote; viz:



Wesseler

0 NAYS:



Proposal No. 403, 2019 was retitled GENERAL RESOLUTION NO. 34, 2019, and reads as

follows:


PROPOSAL FOR A GENERAL RESOLUTION to approve the statements of benefits of Nukemed, Inc. d/b/a

SpectronRX and Castle Park Investment Group, LLC (hereinafter collectively referred to as “Applicant”), an applicant

for tax abatement for property located in an allocation area as defined by IC 36-7-15.1-26.

WHEREAS, IC 6-1.1-12.1 allows a partial abatement of property taxes attributable to redevelopment, rehabilitation

activities or installation of new equipment in Economic Revitalization Areas (each hereinafter referred to as a “Project”);

and

WHEREAS, pursuant to IC 6-1.1-12.1, the Metropolitan Development Commission of Marion County, Indiana,

acting as the Redevelopment Commission of the City of Indianapolis, Indiana (hereinafter referred to as "MDC") is

empowered to designate Economic Revitalization Areas; and

WHEREAS, IC 6-1.1-12.1 requires an applicant for Economic Revitalization Area designation to provide a

statement of benefits and requires the MDC, before it makes a decision to designate the area as an Economic

Revitalization Area, to determine that (i) the estimated value of a Project is reasonable for projects of that nature, (ii) the


46

estimated employment at the indicated annual salaries for a Project identified in the statement of benefits can reasonably

be expected, (iii) a Project can be reasonably expected to yield the benefits identified in the statement of benefits and (iv)

the totality of benefits arising from a Project is sufficient to justify Economic Revitalization Area designation; and

WHEREAS, pursuant to IC 6-1.1-12.1-2(k), a statement of benefits for property located within an allocation area, as

defined by IC 36-7-15.1-26, may not be approved unless the City-County Council of Indianapolis and Marion County,

Indiana (hereinafter referred to as "Council") adopts a resolution approving the statement of benefits; and

WHEREAS, the Applicant has submitted real and personal property Statements of Benefits to the MDC as part of

its application for Economic Revitalization Area designation for property where Applicant’s Project will occur, located

within an allocation area, as defined by IC 36-7-15.1-26; and

WHEREAS, MDC has preliminarily approved Applicant’s Statements of Benefits, pending adoption from the

Council, to allow the designation of the Economic Revitalization Area and related tax abatement pursuant to IC 6-1.1-

12.1; now, therefore:



SECTION 1. The Council hereby approves the Statements of Benefits that were submitted to the MDC, as part of the

application for Economic Revitalization Area designation, by Nukemed, Inc. d/b/a SpectronRX and Castle Park

Investment Group, LLC.

SECTION 2. This resolution shall be in effect from and after its passage by the Council and compliance with Ind. Code 36-

3-4-14.



sponsored by Councillor Lewis, amends the Consolidated Zoning and Subdivision Ordinance

portion of the Code to update the boundaries of the Wellfield Protection District to reflect the

findings of Citizens Energy Group. By a 9-0 vote, the Committee reported the proposal to the

Council with the recommendation that it do pass. Councillor Lewis moved, seconded by Councillor




Wesseler

0 NAYS:



Proposal No. 404, 2019 was retitled GENERAL ORDINANCE NO. 66, 2019, and reads as follows:

CITY-COUNTY GENERAL ORDINANCE NO. 66, 2019

A GENERAL ORDINANCE to amend portions of the “Revised Code of the Consolidated City and County” regarding the

Wellfield Protection Secondary Zoning District to delineate the updated boundaries of the new wellfield protection

district maps as provided by Citizens Energy Group water utility, to take effect immediately.

WHEREAS, the Department of Metropolitan Development maintains the “official zoning map” referenced in Section

740-103.A of the ”Revised Code of the Consolidated City and County”.

WHEREAS, The Zoning Ordinance of Marion County, Indiana, Section 742-204 of the “Revised Code of the

Consolidated City and County” establishes the Wellfield Protection Secondary Zoning Districts.

WHEREAS, Citizens Energy Group water utility notified the Department of Metropolitan Development that their

determination of revised wellfield protection district boundaries is complete.

December 9, 2019

47

WHEREAS, the City-County Council, after approval by the Metropolitan Development Commission and requisite

public notice, adopted said revised wellfield protection district boundaries at their meeting December 16, 2019.

WHEREAS, IC 36-7-4 establishes the Metropolitan Development Commission of Marion County, Indiana, as the

single planning and zoning authority for Marion County, Indiana, and empowers the MDC to approve and recommend

to the City-County Council of the City of Indianapolis and of Marion County, Indiana ordinances for the zoning or

districting of all lands within the county for the purposes of securing adequate light, air, convenience of access, and safety

from fire, flood, and other danger; lessening or avoiding congestion in public ways; promoting the public health, safety,

comfort, morals, convenience, and general public welfare; securing the conservation of property values; and securing

responsible development and growth; now, therefore:



SECTION 1. The Zoning Ordinance of Marion County, Indiana, Section 740-103.A of the “Revised Code of the

Consolidated City and County”, pertaining to the official zoning map, hereby is amended pursuant to IC 36-7-4, by the

adoption of the White River Wellfield Protection District boundaries as depicted in Exhibit One, the adoption of the Fall

Creek Wellfield Protection District boundaries as depicted in Exhibit Two, the adoption of the Geist Wellfield Protection

District boundaries as depicted in Exhibit Three, and the adoption of the South Wellfield Protection District boundaries

as depicted in Exhibit Four.

SECTION 2. The expressed or implied repeal or amendment by this ordinance of any other ordinance or part of any other

ordinance does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date

of this ordinance. Those rights, liabilities, and proceedings are continued, and penalties shall be imposed and enforced under

the repealed or amended ordinance as if this ordinance had not been adopted.

SECTION 3. Should any provision (section, paragraph, sentence, clause, or any other portion) of this ordinance be declared

by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions shall not be affected,

if and only if such remaining provisions can, without the invalid provision or provisions, be given the effect intended by the

Council in adopting this ordinance. To this end the provisions of this ordinance are severable.

SECTION 4. This ordinance shall be in effect from and after its passage by the Council and compliance with Ind. Code § 36-

3-4-14.

PROPOSAL NO. 405, 2019. Councillor Oliver reported that the Parks and Recreation Committee


Oliver, approves a transfer of appropriations of $651,210 in the 2019 Budget of the Department of

Parks and Recreation (Parks General Fund) to purchase capital equipment to replace high mileage

and aged assets in the IndyParks Maintenance fleet. By a 4-0 vote, the Committee reported the

proposal to the Council with the recommendation that it do pass. Councillor Oliver moved,

seconded by Councillor Fanning, for adoption. Proposal No. 405, 2019 was adopted on the

following roll call vote; viz:

21 YEAS: Adamson, Coats, Cordi, Coulter, Evans, Fanning, Harris, Holliday, Jackson,


Wesseler

1 NAY: Gray






by transfer of appropriations totaling Six Hundred Fifty–One Thousand Two Hundred Ten dollars ($651,210) for the

purposes of the Department of Parks and Recreation.


48




Budget for 2019 is hereby amended by the character transfers hereinafter stated for purposes of the Department of Parks and

Recreation.

SECTION 2. The Department of Parks and Recreation requests a transfer of appropriations from Character One to Character

Four totalling Six Hundred Fifty–One Thousand Two Hundred Ten dollars ($651,210) dollars ($651,210) in the Parks

General Subfund of the Parks General Fund, to fund the purchase of capital equipment to replace high mileage and aged

assets:


Parks General (651,210)

651,210 -




Parks General Fund 5,701,255 4,320,419




by Councillor Robinson, approves transfers totaling $4,923,000 in the 2019 Budget of the

Indianapolis Metropolitan Police Department (Federal Law Enforcement and IMPD General

Funds) for equipment and technology for covert investigations, gun range renovations, cameras,

additional vehicles and vehicle equipment, traffic unit communications, and new radar guns. By a

10-0 vote, the Committee reported the proposal to the Council with the recommendation that it do

pass. Councillor Robinson moved, seconded by Councillor Adamson, for adoption. Proposal No.




0 NAYS:






by transferring Four Million Nine Hundred Twenty-Three Thousand dollars ($4,923,000).




Budget for 2019 is hereby amended by the fund and character transfers hereinafter stated for purposes of the Indianapolis

Metropolitan Police Department.

SECTION 2. The Indianapolis Metropolitan Police Department, requests a transfer of $95,000 to Character 4 from

Character 3 of the IMPD Federal Forfeitures fund to be used for equipment and technology for the Covert Investigations

unit; plus, a transfer of $4,828,000 to Character 4 of IMPD General fund from Character 1 ($4,200,000), Character 2

December 9, 2019

49

($110,000), and Character 3 ($518,000) to be used for Gun Range renovations, cameras, additional vehicles & vehicle

equipment, and for the Traffic Unit communications and new radar guns.


Federal Law Enforcement

(95,000) 95,000

0

IMPD General (4,200,000) ($110,000) (518,000) 4,828,000 0




Federal Law Enforcement 2,981,874 2,530,214

IMPD General 9,009,752 1,404941




by Councillor Robinson, approves a transfer of appropriations of $200,000 in the 2019 Budget of

the Marion County Forensics Agency (County General Fund) to purchase and replace several

pieces of forensic equipment. By a 9-0 vote, the Committee reported the proposal to the Council

with the recommendation that it do pass. Councillor Robinson moved, seconded by Councillor




Wesseler

0 NAYS:






by the transfer of appropriations totaling Two Hundred Thousand Dollars ($200,000) for purposes of the Marion County

Forensics Agency.





Forensics Agency.

SECTION 2. The Marion County Forensics Agency, requests a transfer of appropriations from the County General fund for

the purchase of supplies and contractual services. The following changes to appropriations are hereby approved:


County General ($200,000) $200,000 $0




50


County General $27,037,746 $29,262,174




by Councillor Robinson, approves certain public purpose grants totaling $315,000 from the Drug

Free Community Fund. By a 9-0 vote, the Committee reported the proposal to the Council with

the recommendation that it do pass. Councillor Robinson moved, seconded by Councillor




Wesseler

0 NAYS:




follows:


PROPOSAL FOR A GENERAL RESOLUTION to approve certain public purpose grants totaling $315,000.00 from the Drug

Free Community Fund.

WHEREAS, Indiana Code § 5-2-11-5 and the Revised Code of Indianapolis and Marion County Sec. 135-298 requires

the sums appropriated from the Drug Free Community fund shall not be spent until the City-County Council approves the

amount of each grant recipient; now therefore:



SECTION 1. The following grants and administrative expenses in the total amount of $315,000.00 from the Drug Free

Community Fund are hereby approved in the following amounts and projects, and for the following organizations:

Drug Free Community Fund

2020 Annual Grant Awards

I. PREVENTION/EDUCATION

Organization Project Amount

Give an Hour Real Girls Feel $25,450.00

John H. Boner Community Center EDGE Program $23,035.00

YMCA of Greater Indianapolis Y-Future Leaders Mentoring Program $20,000.00

Beech Grove Comprehensive Drug Free Coalition BGCS – Substance Misuse Program $10,000.00

Total Prevention Category Subtotal $78,485.00

December 9, 2019

51

II. INTERVENTION/TREATMENT


Marion County Sheriff Peer Recovery Connection $25,000.00

Indiana Credentialing Assoc. on Alcohol & Drug

Abuse (ICAADA)

Recovery Coaching at REC $10,219.00

Health & Hospital Corp. of Marion County dba

Emergency Medical Services Albert G. & Sara I

Reuben Engagement Center

Receiving Encouragement & Compassion

at the REC $25,000.00

Health & Hospital Corp. of Marion County dba

Sandra Eskenazi Mental Health Center at Eskenazi

Health

Transitional Assistance Program

$20,000.00

Total Treatment Category Subtotal $80,219.00

III. LAW ENFORCEMENT/CRIMINAL JUSTICE


John P. Craine House Strength in Numbers $20,000.00

IMPD Combatting Heroin and Opioid Supply $15,016.00

IMPD Operation Street Walker $28,795.00

IMPD IMPD SW Impact Project $13,735.00

Total Criminal Justice Category Subtotal $77,546.00

IV. ADMINISTRATION


Drug Free Marion County Grant Management $78,750.00

GRAND TOTAL $315,000.00

SECTION 2. This resolution shall be in effect from and after its passage by the Council and compliance with Indiana Code §

36-3-4-14.



Adamson, approves a transfer in appropriations of $640,000 in the 2019 Budget of the Department

of Public Works (Consolidated County General/Fleet Services Fund) to fund contractual needs for

the repair and maintenance of the City's fleet. By a 7-0 vote, the Committee reported the proposal

to the Council with the recommendation that it do pass. Councillor Adamson moved, seconded by

Councillor Lewis, for adoption. Proposal No. 416, 2019 was adopted on the following roll call

vote; viz:



Wesseler

0 NAYS:





52



by transfer of appropriations totaling Six Hundred Forty Thousand dollars ($640,000) for the purposes of the Department of

Public Works.




Budget for 2019 is hereby amended by the character transfers hereinafter stated for purposes of the Department of Public

Works.

SECTION 2. The Department of Public Works requests a transfer of appropriations from Character Two to Character Three

totaling Six Hundred Forty Thousand dollars ($640,000) in the Fleet Services Subfund of the Consolidated County General

Fund, to fund contractual needs for the repair and maintenance of the City's fleet:


Fleet Services (640,000) 640,000 -






Councillor Adamson reported that the Public Works Committee heard Proposal Nos. 417-426, 2019

on November 20, 2019. He asked for consent to vote on these proposals together. Consent was

given.

PROPOSAL NO. 417, 2019. The proposal, sponsored by Councillor Johnson, approves

intersection controls at Clayton and Lasalle Streets (District 12). PROPOSAL NO. 418, 2019. The

proposal, sponsored by Councillor Mascari, approves a weight limit restriction on Pagoda and

Conservatory Drives throughout Garfield Park (District 21). PROPOSAL NO. 419, 2019. The

proposal, sponsored by Councillor Johnson, approves intersection controls at University and Oak

Avenues (District 12). PROPOSAL NO. 420, 2019. The proposal, sponsored by Councillor

Graves, approves intersection controls at Decamp Drive and Biscayne Road (District 13).

PROPOSAL NO. 421, 2019. The proposal, sponsored by Councillor Evans, approves intersection

controls at Denison and Ray Streets (District 22). PROPOSAL NO. 422, 2019. The proposal,

sponsored by Councillor Shreve, approves a speed limit reduction to 25 miles per hour near

Rhodius Park (District 16). PROPOSAL NO. 423, 2019. The proposal, sponsored by Councillor

Mowery, approves a speed limit reduction to 25 miles per hour in various subdivisions near

Southport and Franklin Road (District 25). PROPOSAL NO. 424, 2019. The proposal, sponsored

by Councillor Osili, approves parking restrictions and one-way traffic designation along a portion

of Fall Creek Parkway South Drive between Meridian and Illinois Streets (District 11).

PROPOSAL NO. 425, 2019. The proposal, sponsored by Councillor McHenry, approves

intersection controls at High School Road and 25th Street (District 6). PROPOSAL NO. 426, 2019.

The proposal, sponsored by Councillor Harris, approves parking restrictions on Rolling Hills Drive

near Girls School Road (District 15). By 7-0 votes, the Committee reported the proposals to the

Council with the recommendation that they do pass. Councillor Adamson moved, seconded by

Councillor McQuillen, for adoption. Proposal Nos. 417-426, 2019 were adopted on the following

roll call vote; viz:

December 9, 2019

53



Wesseler

0 NAYS:





PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 441, Traffic.



SECTION 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the deletion of the

following, to wit:

Base Map Intersection Preferential Type of Control

26 Clayton Street

Lasalle Street

Lasalle Street Stop


specifically Sec. 441-416, Schedule of intersection controls, be, and the same is hereby amended by the addition of the

following, to wit:


26 Clayton Street

Lasalle Street

None All-Way










3-4-14.







specifically Sec. 441-364 (e). – Vehicles on certain streets restricted, be, and the same is hereby amended by the addition

of the following, to wit:


54

11,000 POUNDS GROSS WEIGHT

Conservatory Drive, Pleasant Run Parkway North Drive to Shelby Street;

Pagoda Drive, from Raymond Street to Southern Avenue;










3-4-14.








following, to wit:


26 Oak Avenue

University Avenue

Oak Avenue Stop



following, to wit:


26 Oak Avenue

University Avenue

None All-Way










3-4-14.


December 9, 2019

55







following, to wit:


20 Biscayne Road

Decamp Drive

Decamp Drive Stop



following, to wit:


20 Biscayne Road

Decamp Drive

None All-Way










3-4-14.








following, to wit:


30 Denison Street

Ray Street

Denison Street Stop



following, to wit:


56


30 Denison Street

Ray Street

None All-Way










3-4-14.







specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the addition of

the following, to wit:

ADD: Sec. 441-323 Alteration of prima facie speed limits.

Blaine Avenue, from northern terminus to Morris Street, 25 mph.

Kappes Street, from Wilkins Street to Morris Street, 25 mph.

Lee Street, from Wilkins Street to Morris Street, 25 mph.

Reisner Street, from Wyoming Street to Morris Street, 25 mph.

Richland Street, from Wilkins Street to Morris Street, 25 mph.

West View Drive, from Belmont Avenue to Lee Street, 25 mph.

Wilkins Street, from Belmont Avenue to Blaine Avenue, 25 mph.

Wyoming Street, from Belmont Avenue to Reisner Street, 25 mph.










3-4-14.




December 9, 2019

57




specifically Sec. 441-323, Alteration of prima facie speed limits, be, and the same is hereby amended by the addition of


All local streets within the Edenwilde platted subdivision, 25mph.

All local streets within the Flat Branch platted subdivision, 25mph.

All local streets within the Flat Branch Estates platted subdivision, 25mph.

All local streets within the Princeton Lakes platted subdivision, 25mph.

All local streets within the Timberlakes platted subdivision, 25mph.










3-4-14.






Section 1. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-342, One-way streets and alleys designated, be, and the same is hereby amended by the deletion of


WESTBOUND

Fall Creek Parkway, South Drive, from Meridian Street to Illinois Street.

Section 2. That the Revised Code of the Consolidated City and County, Indianapolis/Marion County, Indiana,

specifically Sec. 441-342, One-way streets and alleys designated, be, and the same is hereby amended by the addition of


WESTBOUND

Fall Creek Parkway South Drive, Meridian Street to Capitol Avenue


specifically Sec. 621-121 (b), Parking prohibited at all times on certain streets, be, and the same is hereby amended by

the addition of the following, to wit:

Fall Creek Parkway, South Drive, on the north side, from Meridian Street to Capitol Avenue;




58








3-4-14.








following, to wit:


16 High School Road

Twenty-Fifth Street

High School Road Stop



following, to wit:


16 High School Road

Twenty-Fifth Street

None Signal










3-4-14.



PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to make various changes to Chapter 621, Parking,

standing and stopping restricted.



December 9, 2019

59


specifically Sec. 621-121 (b), Parking prohibited at all times on certain streets, be, and the same is hereby amended by

the addition of the following, to wit:

Rolling Hills Drive, from Girls School Road to a point 240 feet east of Girls School Road;










3-4-14.



Scales, establishes the interest in acquiring real estate for purposes of a drainage improvement

project by the Department of Public Works, located on Camelback Drive (District 3). By a 7-0

vote, the Committee reported the proposal to the Council with the recommendation that it do pass.

Councillor Adamson moved, seconded by Councillor Lewis, for adoption. Proposal No. 427, 2019




Wesseler

0 NAYS:




follows:


PROPOSAL FOR A GENERAL RESOLUTION establishing that the City-County Council of the City of Indianapolis and

Marion County, Indiana, is interested in making the purchase of specified land.

WHEREAS, the City-County Council of the Consolidated City of Indianapolis and Marion County, Indiana (the “City”)

is the fiscal body of the City pursuant to IC 36-1-2-6; and

WHEREAS, pursuant to IC 36-1-10.5-1, et seq., the City may purchase interests in land for a total price exceeding

twenty-five thousand dollars ($25,000) only after the City-County Council, as the fiscal body, passes a resolution to the effect

that the it is interested in making a purchase of specified land; and

WHEREAS, the City, through its Department of Public Works (“DPW”), wishes to purchase fee simple title to the real

estate described in Exhibit “A” and depicted on Exhibit “B”, each of which is attached hereto and incorporated herein (the

“Real Estate”); and

WHEREAS, acquisition of the Real Estate is desired for the construction of the Ivy Hills Neighborhood Drainage

Improvements Project, DPW Project Number SD-05-043; and

WHEREAS, the City-County Council, having considered the acquisition of the Real Estate and being duly advised,

finds that the City-County Council has an interest in acquiring the Real Estate; now, therefore:


60



SECTION 1. The City-County Council hereby establishes that it has an interest in acquiring the Real Estate described in

Exhibit “A” and depicted in Exhibit “B”, each of which is attached to incorporated into the official copy of this Resolution on

file with the Clerk of the Council.

SECTION 2. For purposes of Revised Code Sec. 151-66, the Real Estate is owned by: Andrew and Christina M. Swickheimer.

SECTION 3. The Department of Public Works is directed to appoint two (2) appraisers to appraise the fair market value

of the Real Estate and to provide a copy of both appraisals to the Chair of the Public Works Committee of the City-County-

Council.

SECTION 4. This resolution shall be in effect from and after its passage by the Council and compliance with Indiana Code §

36-3-4-14.


heard Proposal No. 428, 2019 on November 20, 2019. The proposal, sponsored by Councillors

Osili and Adamson, amends the Code regarding Street and Bridge Construction Standards to

delegate authority to set street design and construction standards to the Board of Public Works. By

a 7-0 vote, the Committee reported the proposal to the Council with the recommendation that it do

pass. Councillor Adamson moved, seconded by Councillor McQuillen, for adoption. Proposal No.




Wesseler

0 NAYS:





PROPOSAL FOR A GENERAL ORDINANCE to amend the “Revised Code of the Consolidated City and County” to make

various changes to Chapter 691, Street and Bridge Construction Standards.



SECTION 1. Chapter 691 of the "Revised Code of the Consolidated City and County," regarding Street and Bridge

Construction Standards, hereby is amended by deleting the language that is stricken-through and adding the language that is

underlined to read as follows:

ARTICLE I. - STANDARDS FOR ACCEPTANCE OF IMPROVEMENT OF PUBLIC WAYS

DIVISION 1. - GENERALLY

Sec. 691-100. - Definitions.

The terms used in this chapter shall have the meanings ascribed to them is section 441-101 of the Code.

Sec. 691-101. - Application of this article generally.

On and after the effective date of General Ordinance 49, 1972, from which this article is derived, all streets and bridges

not constructed by the department of public works of the consolidated city shall be accepted by the board of public works into

the city street system for maintenance only when the requirements of this article are met; provided, however, the specifications,

standards and requirements of this article shall not apply in the following instances:

December 9, 2019

61

(1) All streets and bridges for which construction plans were approved prior to January 1, 1970, by an appropriate

predecessor agency to the department of public works, if constructed, shall meet the minimum standards of the metropolitan

subdivision control ordinance 58-AO-13, as amended, or Marion County Ordinance 46-1964, so long as the construction is

completed and a request for acceptance has been submitted to the department of public works within two (2) years of the

effective date of General Ordinance 49, 1972.

(2) All streets and bridges for which construction plans were approved by the department of public works prior

to the effective date of General Ordinance 49, 1972, shall be constructed in accordance with the approved plans, so long as the

construction is completed and a request for acceptance has been submitted to the department of public works within two (2)

years of the effective date of General Ordinance 49, 1972.

(3) All streets and bridges for which construction plans are submitted to the department of public works within

thirty (30) days of the effective date of General Ordinance 49, 1972, shall be constructed according to such plans as finally

approved, so long as the construction is completed and a request for acceptance has been submitted to the department of public

works within two (2) years of the effective date of General Ordinance 49, 1972.

Sec. 691-102. - Geographic jurisdiction.

This article shall apply only to streets and bridges located within the geographic areas of the county which are under the

control and jurisdiction of the department of public works of the consolidated city.

Sec. 691-103. - Street name signs.

(a) Location. At least two (2) street name signs shall be installed on one (1) post at each street intersection to be

located on the northeast corner thereof, whenever possible, and on the park strip between the street and sidewalk at a point

approximately six (6) inches from the sidewalk.

(b) Material and installation. Street name signs shall conform with the Standard Plans regulations adopted by the

board of public works.

Sec. 691-104. - Establishment of street and alley grades.

(a) The grade of all parts of all streets, alleys and public ways in the county, and where subject to consolidated

city jurisdiction, shall be established by the director of public works, a record thereof to be kept in the department of public

works and filed with the county surveyor, and proper monuments, stones or stakes shall be placed to mark the street grade

wherever the director deems it to be necessary; all of which shall be done before any improvement of any kind is made therein.

(b) The grades of the side lines of each unpaved alley in the city at its intersection with a street shall conform to

the sidewalk grades of such street, respectively, and from the intersections the contour of the alley shall rise at the rate of

approximately six (6) inches in each one hundred (100) feet to meet a summit at its center to facilitate proper drainage. The

director of public works is authorized to change such grades and contours, based upon accepted engineering standards, and to

conform construction thereto.

(c) All public improvements serving any abutting land shall be constructed in conformity with the grade

elevations established for the improvement.

Sec. 691-105. - Centerline control.

(a) No person or governmental agency shall construct or reconstruct a street or highway in Marion County without

complying with the provisions of this section. For purposes of this section, resurfacing shall not be considered reconstruction.

(b) Before any contract is bid or executed, engineering plans for such street or highway shall be presented to the

county surveyor for determination of the number and location of centerline monuments to be placed in connection with such

project. The county surveyor shall make such determination within ten (10) working days after receipt of the plans.

(c) The person or governmental agency constructing or reconstructing the street or highway shall be responsible

for the costs of acquisition and placement of all monuments required by the county surveyor.

(d) All monuments required by this section shall be placed under the supervision of the county surveyor, who

shall verify the placement. The county surveyor shall receive at least three (3) working days' notice of the dates for placement

of any monument.


62

(e) No person constructing or reconstructing a street or highway in the county shall be entitled to final payment

until the county surveyor certifies that all required monuments are placed in accordance with this section; and the department

of public works shall not accept any new construction (started after July 1, 1988) until such certification is received from the

county surveyor.

Sec. 691-106. - Interference with monuments.

It shall be unlawful for any person to conceal, cover, deface, obliterate, remove or in any manner injure, erase, disfigure

or change the location of any survey monument, stone or stake which has been established and placed in accordance with this

chapter or by the director of public works, county surveyor or other public official.

DIVISION 2. - PROCEDURE

Sec. 691-121. - Conformity with this division required.

Neither the department of public works nor any other affected agency of government shall be obligated to accept any

work started prior to approval of plans in accordance with this division and notification of the commencement of work pursuant

to this division. Should a request for acceptance of such work be made, the criteria and requirements for acceptance shall be

those in force and effect on the date of the request. Any remedial work determined to be necessary for acceptance by the

department of public works or any other affected department shall be done at the developer's expense.

Sec. 691-122. - Variances.

Upon written application to the director of the department of public works, with supporting reasons and data, a variance

from the requirements of this article, based upon good engineering judgment, may be granted by the department of public

works. A variance, if granted, shall apply only to the particular streets or bridges between the specified limits named in the

application.

Sec. 691-123. - Plans generally.

(a) All streets as designated and labeled upon a proposed plat, instrument of dedication or construction plan shall

be graded, constructed and surfaced in accordance with the satisfactory construction plans and specifications submitted

therefor by the developer in accordance with the specifications and requirements established in this article.

(b) Plans for streets and bridges shall be prepared over the seal and signature of a professional engineer or land

surveyor, licensed by the state.

(c) Plans shall be submitted for review and approval to the various departments that are to assume final

maintenance responsibility for the completed work in accordance with the procedures published by that department. In cases

of overlapping responsibility, duplicate copies of transmittal letters and plans may be requested by the department of public

works.

Sec. 691-124. - Plan approval; notice of start of work.

(a) Work shall not be started on streets or bridges until plans have been approved by all agencies having

jurisdiction over the phase of construction. Copies of the various approvals shall be submitted to all agencies involved upon

request.

(b) Written notice of the commencement of construction subject to this article shall be given to all affected

agencies in accordance with their procedures sufficiently in advance of the start of construction so that those employees

charged with the responsibility of inspection may be properly notified. For the department of public works, written notice shall

be given within a minimum of three (3) days in advance of construction; where construction has ceased for ninety (90) days,

renotification shall be required.

Sec. 691-125. - Bridges.

(a) Plans for bridges or structures having clear spans of twenty (20) feet or greater shall be reviewed separately

from the street plans. Construction may be separate or combined with the adjacent street at the discretion of the developer.

(b) In order for the department of public works to review the plans for a bridge crossing a waterway of any size,

copies of acceptance of the waterway crossing by the various other governmental agencies having jurisdiction over stream

crossings at the time of design shall be submitted along with the plans. These agencies include, but are not limited to, the

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Indiana Department of Natural Resources, the United States Army Corps of Engineers and the department of public works of

the city.

Sec. 691-126. - Driveways.

(a) Approved construction plans will be required instead of an access or driveway permit when the construction

is to connect a proposed public street to another proposed public street or to an existing public street.

(b) Driveway permits shall be required for individual or commercial driveways and private streets to be connected

to streets which have been, or are proposed to be, accepted by the city.

Sec. 691-127. - Expiration of plan approval by operation of law; extensions.

In the event construction of a street or bridge is not initiated within one (1) year and work completed within four (4) years

after the approval of construction plans pursuant to this division, then such approval shall expire by operation of law and shall

no longer be of any force or effect; provided, however, the director of the department of public works may extend the validity

of such approval for an additional period which is reasonable under the circumstances, for good cause shown in writing and

upon the resubmission of such plans to the department for re-review, and certain design features may be required to be changed

due to changes in design criteria.

Sec. 691-128. - Inspection of construction of streets and bridges.

(a) Execution of inspection agreement. Prior to the commencement of construction, the developer shall execute

an agreement with the department of public works which will provide that:

(1) The department of public works will employ an inspector to inspect the construction work to insure

that such construction meets the requirements of the approved construction plans.

(2) The developer will reimburse the department of public works for the cost of such inspection services

which shall be determined at the time of execution of the agreement.

(3) Upon completion of construction, the inspector so employed will certify to the department of public

works and the developer as to the compliance of such construction with the requirements of the

approved construction plans and/or approved change orders.

(4) No action respecting the acceptance of the construction and release of the improvement bond pursuant

to this division shall be taken until the developer has reimbursed the department of public works in

full for the inspection services.

(b) Inspection of construction.

(1) All construction of streets and bridges shall be inspected and certified pursuant to the agreement

executed under subsection (a).

(2) The developer shall furnish the department of public works necessary copies of the approved

construction plans.

(3) If construction has already commenced on the effective date of General Ordinance 49, 1972, the

developer may continue to provide his own construction inspection. The developer must then

furnish, with his application for acceptance under this division, a certification by a professional

engineer registered in the state that the construction has met the requirements of the approved

construction plans; further, the construction will be inspected by the department of public works,

and all deficiencies shall be corrected before acceptance by the board of public works.

Sec. 691-129. - Acceptance of construction.

(a) Acceptance request. Upon completion of construction, the developer or his authorized representative shall

make written application for acceptance to the department of public works.

(b) Acceptance of construction and release of improvement bond. If, by law, the street and bridge construction

require approval and bonding by the department of metropolitan development, the following procedure shall be followed,

otherwise, the procedure of subsection (2) of section 691-132 shall apply:


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(1) Upon receipt of notice of satisfactory completion from the department of public works, the board of

public works shall take appropriate action to accept the streets and bridges and to notify the

department of metropolitan development that the performance has been completed to the satisfaction

of the board of public works and that claims against any improvement bond by the department of

public works and the board of public works are released.

(2) Prior to acceptance, the board of public works shall determine that a maintenance bond meeting the

requirements of the department of metropolitan development has been posted with the department

of metropolitan development.

Sec. 691-130. - Release of maintenance bond.

(a) Procedure.

(1) Not more than six (6) months nor less than four (4) months prior to the expiration date of the

maintenance bond, the department of public works shall inspect the streets and bridges covered by

such bond.

(2) If no deficiencies are found to exist, the department of public works shall notify the department of

metropolitan development in writing that it has no objection to the release of the maintenance bond.

Failure of the department of public works to so notify the department of metropolitan development

prior to the expiration date of the bond shall be deemed the release of all claims of the department

of public works against such bond.

(3) If deficiencies are found to exist, the following steps shall be taken:

a. The department of public works shall notify the department of metropolitan development

in writing by hand delivery of the specific deficiencies, requesting that the release of the maintenance

bond be withheld until it receives further notice in accordance with paragraph e. of this subsection. It shall

be the duty of the department of metropolitan development to withhold the maintenance bond release

until so notified. A copy of the notice shall also be transmitted by first-class United States mail to the

bonding company by the department of public works.

b. The department of public works shall notify the developer in writing by first-class United

States mail of the specific deficiencies, requesting him to take necessary corrective action, and informing

him that the maintenance bond release will be withheld until the deficiencies are corrected.

c. If the developer has not acknowledged receipt of the deficiency notice and/or has not taken

any corrective action within sixty (60) days of the transmittal of the first notice pursuant to paragraph b.,

the department of public works shall transmit to him by first-class United States mail a second and final

notice containing the same information as the first notice.

d. When the developer has corrected all deficiencies, he shall notify the department of public

works in writing, and the department of public works shall make a new inspection within fourteen (14)

days. If any deficiencies have not been corrected to the satisfaction of the department of public works,

the department of public works shall notify the developer in the same manner as the original notice

pursuant to paragraph b. and, if necessary, paragraph c.

e. In the event the developer does not correct the deficiencies to the satisfaction of the

department of public works, the department of public works shall be empowered to have the deficiencies

corrected at its expense and to secure reimbursement therefor from the developer and/or the bonding

company. Written notice of its intent to pursue this course of action shall be transmitted prior to taking

such action to:

1. The department of metropolitan development by hand delivery; and

2. The developer and the bonding company by first-class United States mail.

f. When all deficiencies have been corrected to the satisfaction of the department of public

works in accordance with the criteria in effect at the time of design approval, and any financial liabilities

of the developer and/or bonding company to the department of public works arising pursuant to paragraph

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e. have been satisfied, the department of public works shall prepare a written document stating this fact

and approving release of its interest in the maintenance bond. Such document shall be transmitted to:

1. The department of metropolitan development by hand delivery; and

2. The developer and the bonding company by first-class United States mail.

(b) Constructive notice. Notice made in accordance with subsection (a) shall be deemed constructive notice upon

all affected parties, whether or not they actually receive such notice.

Sec. 691-131. - Appeal from administrative action.

Any person affected by the exercise of any discretionary authority delegated by this article to any official of the

department of public works and who objects to the decision made or action taken by such official shall be entitled to a hearing

before the board of public works upon such objection. The person desiring such hearing before the board of public works shall

file a written statement of his objections with the director of public works, who shall call the same to the attention of the board

of public works. The board of public works shall hold such hearing within thirty (30) days after the objections are filed with

the director; and the person making the objections shall be given notice of the time, place and date of such hearing at least ten

(10) days before the hearing. After hearing testimony of the objector and the official who made the decision or to the action

objected to, the board of public works may confirm, reverse or modify and confirm as modified the decision or action of such

official in any manner consistent with the discretionary authority herein delegated by this article to that official.

Sec. 691-132. - Alternate bonding procedure.

In the event the streets or bridges to be accepted for maintenance by the department of public works do not, by law,

require approval and bonding by the department of metropolitan development, the following provisions of this section shall

apply to all matters pertaining to bonding in lieu of the provisions of sections 691-128 through 691-130:

(1) Posting of improvement bond.

a. If the right-of-way for the street and/or bridge is to be dedicated and recorded prior to construction,

the applicant shall file an improvement bond with the department of public works.

b. The bond shall:

1. Run jointly and severally to the city and the department of public works;

2. Be in an amount equal to one hundred (100) percent of the construction cost as estimated

by the department of public works;

3. Provide surety and principal satisfactory to the department of public works;

4. Specify that the construction of the street or bridge shall be done in accordance with the

applicable terms and conditions of this article, and in accordance with construction plans approved under

this article;

5. Run until and terminate upon:

a. Acceptance of the street or bridge for the department of public works by action

of the board of public works; and

b. Posting of a maintenance bond in accordance with subsection (3) of this section.

(2) Acceptance of construction and release of improvement bond. Upon receipt of notice of satisfactory

completion of construction from the department of public works and the posting of a maintenance bond in accordance with

subsection (3) of this section, the board of public works shall take appropriate action to accept the street or bridge and to release

any improvement bond which has been posted with the department of public works.

(3) Posting of maintenance bond. Prior to acceptance of construction and release of any improvement bond

pursuant to subsection (2) of this section, the applicant shall file a maintenance bond with the department of public works.

Such bond shall:


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a. Run jointly and severally to the city and the department of public works;

b. Be in an amount equal to twenty (20) percent of the construction cost as estimated by the department

of public works;

c. Provide a surety and principal satisfactory to the department of public works;

d. Warrant that workmanship and materials used in the construction of the street or bridge meet the

applicable terms and conditions of this article, and comply with the construction plans approved under this division;

e. Provide that, for a period of three (3) years after the release of the improvement bond pursuant to

subsection (2) of this section, the applicant or his approved principal will make necessary repairs to the street or

bridge in accordance with the warranty of paragraph d. of this subsection, and shall provide further that the term of

three (3) years shall be extended by the surety until a satisfactory release has been effected pursuant to subsection

(4) of this section.

(4) Release of maintenance bond. The maintenance bond release procedure shall follow section 691-130, except

that no notices to the department of metropolitan development will be made, and the maintenance bond will be released by

the department of public works.

DIVISION 3. - DESIGN REQUIREMENTS

Sec. 691-141. - Standard plans.

(a) Incorporation by reference. There is hereby incorporated in this division by reference standard plans showing

details of practices and design for portions of streets or bridges for which acceptance may be requested of the department of

public works. The standard plans are hereby declared to be the official standard plans for the city for the purpose of achieving

uniformity of construction methods, materials and appearance. The standard plans shall be followed in the construction of

applicable portions of streets and bridges to be accepted by the board of public works, unless written permission for deviation

therefrom is given by the department of public works. The various applicable standard plans, with their effective dates, shall

be listed on all construction plans submitted for approval to the department of public works.

(b) Revisions, deletions and additions to standard plans. The director of public works shall have the power and

authority to revise the standard plans, to delete any of them and/or to adopt new standard plans when, in his judgment, such

revisions, deletions or additions shall be necessary or helpful in order to give guidance to developers and to achieve the

purposes of this article. Any new or revised standard plan adopted after the effective date of General Ordinance 49, 1972, shall

become effective on the date stated thereon which shall be a minimum of thirty (30) days after its approval by the director of

public works, and shall apply to all construction plans submitted for approval after such effective date. The department of

public works shall make reasonable efforts to give notice of all new or revised standard plans to all persons or firms who may

be affected thereby or who shall request such notice.

Sec. 691-142. - Designation of street classification.

The designation of street classification shall be approved by the department of public works in accordance with definitions of

classification as specified by the department of metropolitan development.

Sec. 691-143. - Pavement width and length.

(a) The minimum width of residential local street pavement, including gutters and curbs, shall be twenty-six (26)

feet when the density is two and one-half (2½) or less lots per gross acre of the total project. If the density is greater than two

and one-half (2½) lots per gross acre of the total project, the minimum width, including gutters and curbs, shall be thirty (30)

feet. The maximum total length of a dead-end street shall be six hundred fifty (650) feet as measured from the intersection of

centerlines of the street intersection and the radius point of the cul-de-sac.

(b) All permanently dead-ended streets shall be terminated by culs-de-sac. The minimum radius of culs-de-sac

on local streets and the minimum radius of curbs entering and leaving the turnaround area shall be as shown on Standard Plan

22-01, type 1. Temporarily dead-ended streets may be permitted in cases in which they are proposed to be and should logically

be extended beyond the limits of the plat, but are not yet constructed beyond the plat limits. Adequate easements for

turnarounds shall be provided for such temporarily dead-ended streets which extend greater than one (1) lot deep.

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(c) The minimum width of residential collector street pavement, including gutters and curbs, shall be thirty-six

(36) feet back-to-back of curbs.

(d) The minimum width of a street within an area zoned nonresidential or multifamily shall be thirty-six (36) feet

back-to-back of curbs.

(e) The minimum radius of culs-de-sac on all streets not covered by subsection (b) and the minimum radius of

curbs entering and leaving the turnaround area shall be as shown on Standard Plan 22-01, type 2.

(f) If, during the preliminary planning phase, it is deemed necessary by the department of public works that a

thoroughfare, or a portion thereof, must be constructed, the developer may be required to construct only part of the full

requirements set forth in the thoroughfare plan ordinance 69-CPS-R5. If this is allowed, the street (and bridges, if required)

shall be designed in such a manner that the thoroughfare may be completed without disturbing the original work, and the total

proposed right-of-way shall be dedicated to the city.

Sec. 691-144. - Minimum right-of-way.

The greater of the following shall be the minimum right-of-way required for construction subject to this article:

(1) The right-of-way as set forth for future use in the thoroughfare plan ordinance 69-CPS-R5, as amended;

(2) Local streets: Fifty (50) feet; a fifty-foot radius from the center of the cul-de-sac;

(3) Collector streets: Seventy (70) feet;

(4) In areas not zoned under the "Dwelling District Zoning Ordinance of Marion County" at the time of

submission of plans for approval: Seventy (70) feet;

(5) The right-of-way set forth in metropolitan subdivision control ordinance 58-AO-13, as amended;

(6) Divided streets and one-way streets: As determined by the department of public works.

Sec. 691-145. - Normal crown.

The pavement crown for all streets subject to this article shall be computed at a rate of one-quarter (¼) inch per foot.

Sec. 691-146. - Grades.

(a) Maximum grades.

(1) The maximum grade of expressways and primary and secondary thoroughfares shall be as

determined by the department of public works;

(2) The maximum grade for collector streets shall not exceed five (5) percent;

(3) The maximum grade for local streets shall not exceed seven (7) percent, except for short local

streets (not to exceed six hundred (600) feet in total length), the maximum grade shall not exceed twelve (12)

percent;

(4) The maximum grade for culs-de-sac within the turning area shall not exceed three (3) percent.

(b) Minimum grades. The minimum grade of all streets shall be five-tenths (0.5) percent.

Sec. 691-147. - Design speeds.

(a) The "design speed" is that speed used for design of streets as set forth in various texts, handbooks and similar

references for highway design. It is intended that, through controls, both legal and geometric, the operating speed of a typical

vehicle will be at or below the current thirty (30) miles per hour legal speed limit for urban districts as set forth in the statutes

of the state.

(b) The design speeds shall be as shown below for the various streets:


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(1) For collector streets: Thirty (30) miles per hour;

(2) For local streets: Twenty (20) miles per hour;

(3) For all other streets: As determined by the department of public works.

Sec. 691-148. - Minimum stopping sight distances.

(a) The stopping sight distance for collector streets subject to this article shall be two hundred forty (240) feet.

(b) The stopping sight distance for local streets subject to this article shall be one hundred twenty-five (125) feet.

(c) The stopping sight distance for all other streets subject to this article shall be as determined by the department

of public works.

Sec. 691-149. - Street alignment.

(a) The minimum lengths of vertical curves of streets subject to this article shall be as shown in Standard Plan

26-01.

(b) The vertical curves of streets subject to this article shall be considered at all intersections of grade, and the

maximum grade change without a vertical curve shall be based on comfort and as shown in Standard Plan 26-01. At

intersections, the break in grade may be four (4) percent maximum, conforming to the crown of the cross street.

(c) The minimum centerline radius for a horizontal curve shall be as shown below for the various streets;

(1) Collector streets: Two hundred (200) feet;

(2) Local streets: One hundred fifty (150) feet;

(3) Short local streets (six hundred fifty (650) feet or less in length): One hundred (100) feet.

It is recognized that these radii are less than the minimum for the various design speeds set forth in this division. Such minimum

radii are being used to discourage higher operating speeds than those which may be obtained using the theoretical minimum

radii based upon design speed.

(d) Street widths shall be uniform or uniformly tapered for widening through curves. Bulges on curves or at "two

leg" intersections shall not be acceptable.

(e) The minimum tangent between reversed minimum radii curves shall be one hundred (100) feet. In no case

may a tangent distance less than fifty (50) feet be permitted, except for very large (over one thousand (1,000) feet) radii curves

which may be reversed with no (zero feet) tangent between curves.

Sec. 691-150. - Intersections.

(a) An intersection produced by a street subject to this article shall have three (3) or more street approaches, the

centerlines of which intersect in a common point.

(b) Street curbs at intersections of streets subject to this article shall have the greater of the following as a

minimum radius:

(1) Between two (2) local streets: Twenty (20) feet;

(2) If one (1) or more streets is classified a collector street: Twenty-five (25) feet;

(3) If one (1) or more streets is designated as a thoroughfare in the thoroughfare plan ordinance 69-

CPS-R5, as amended, see subsection (e) of this section.

(c) Street intersections subject to this article shall be as nearly at right angles as is possible, and no intersection

shall be at an angle of less than seventy-five (75) degrees.

(d) Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted.

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(e) Intersections of local and collector streets with thoroughfares shall be in accordance with appropriate sections

of the department of public works access control manual, and shall be approved by the department of public works.

(f) The following paragraph shall be required as a provision of the covenants of all final plats:

"No fence, wall, hedge or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner lot

within the triangular area formed by the street property lines and a line connecting points twenty-five (25) feet from the

intersection of the property lines extended, at the intersection of a collector street and a local street. The above restrictions for

the intersection of two (2) local streets shall be a triangle with legs equal to fifteen (15) feet. The same sight line limitations

shall apply to any lot, the corner of which is at the intersection of a street property line with an alley line. No trees shall be

permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to

prevent obstruction of such sight lines."

(g) Trees shall not be planted within the public right-of-way.

Sec. 691-151. - Bridges.

A bridge shall be designed to meet the criteria set forth in the AASHO Standard Specifications for Highway Bridges in effect

at the time of design, and shall be designed for HS-20 loading.

Sec. 691-152. - Sidewalks.

(a) In all platted subdivisions, the necessity of sidewalk installation shall be governed by the metropolitan

subdivision control ordinance 58-AO-13, as amended, and any waivers thereof shall be obtained from the plat committee of

the department of metropolitan development prior to submission of construction plans for approval. A copy of such waiver

shall be submitted with construction plans. For all other streets and bridges, the necessity of sidewalk installation shall be

determined by the director of the department of public works.

(b) The minimum width of sidewalks subject to this article shall be four (4) feet.

(c) The desirable location of sidewalks subject to this article shall be four (4) feet from the back of the curb.


(a) When shown on construction plans, each driveway shall be designed to meet the following regulations:

(1) The department of public works access control manual; and

(2) The provisions of this article governing driveway construction.

(b) If driveways are not to be installed as a part of the construction subject to this article, a note to that effect shall

be placed on the plans.

Sec. 691-154. - Drainage.

(a) Generally. The type and location of all pipes, culverts, bridges and other structures intended to carry

stormwater within street rights-of-way shall be approved by the department of public works. Evidence shall be presented at

the time of presenting the street plans for approval that application has been made to other appropriate governmental agencies

having jurisdiction over drainage for approval of the size and other hydraulic criteria. The department of public works shall

review and approve any drainage structure whose failure could seriously affect the street itself. The department of public works

must also review and approve the overall drainage plan.

(b) Culverts.

(1) Culverts shall be constructed and installed whenever necessary to provide adequate drainage, in

accordance with the satisfactory construction plans and specifications therefor submitted by the developer.

(2) The locations and size of driveway culverts shall be determined at the time construction plans are

prepared for the entire subdivision; however, the minimum size of such culverts shall be no less than twelve (12)

inches, but in no case less than that specified by the approved construction plans and specifications submitted

therefor.


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(3) Pipe end sections (metal or concrete) shall be used for driveway culverts; see Standard Plans 32-01

and 32-02.

(c) Storm drainage.

(1) Within street rights-of-way, all surface water shall be drained by enclosed drainage systems. All

pipes, culverts, intersectional drains, drop inlets, bridges, pipe end sections and similar or related installations

necessary to provide adequate surface water drainage of the area shall be constructed and installed in accordance

with the approved plans and specifications submitted therefor by the developer to the various governmental agencies

having jurisdiction over drainage.

(2) Storm drainage and surface water installations, including roof downspouts, shall not be connected

to or empty into sanitary sewer systems.

(d) Drainage design criteria for streets.

(1) Inlet or catch basin spacing shall be designed using the following criteria:

a. The quantity of water (Q) in cubic feet per second shall be determined for the area to be

drained by the inlet in accordance with the methods outlined by the department of public works.

b. Rainfall intensity—duration—frequency used in these calculations shall be as taken from

information supplied by the Weather Bureau for Indianapolis, Indiana. Copies of charts showing these

curves for the years 1903 to 1951 are on file in the department of public works.

c. For a two-year design storm, there shall be one (1) unflooded lane, twelve (12) feet wide

on local streets, and two (2) unflooded lanes, twenty-two (22) feet wide on collector streets. On other

streets the amount of flooding shall be as determined by the department of public works.

d. A check shall be made to insure that, for a ten-year design storm, the flow in the street at

no location shall be above the top of the curb. If necessary, the inlet spacing shall be adjusted accordingly.

(2) A catch basin or other type of approved debris retainer shall be located so as to intercept debris

collected by the drainage system constructed as part of the particular development, immediately prior to the

intersection with a previously constructed collector storm sewer. Also, in cases where various streets within a

development are to be drained into a collector storm sewer constructed as part of the development project, debris

retainers must be constructed on each line serving the individual streets immediately prior to their intersection with

the collector line.

(3) Main line storm and sanitary sewers, as standard practice, shall not be placed under pavement,

except that minimal near right angle crossings shall be permitted, provided adequate provisions are made for

backfilling.

(4) The minimum velocities used in designing storm sewers shall be as required by the department of

public works.

(5) Materials and construction requirements for manholes, inlets and pipes shall be in accordance with

section 715 of the Standard Specifications of the State Highway Commission of Indiana, 1971 edition, or as

specified by the department of public works.

(6) The use of underdrains to reduce the accumulation of subsurface water shall be required in all

depressed or "sag" areas; such drains shall meet the requirements of Standard Plan 30-03.

DIVISION 4. - CONSTRUCTION SPECIFICATIONS

Sec. 691-161. - Generally.

(a) Unless otherwise provided in this article or on the plans and specifications supplied for the project, the Indiana

State Highway Commission Standard Specifications current at the time of the construction plan approval shall apply to all

work performed and to all materials used in all improvements which are to be dedicated to the department of public works for

maintenance.

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(b) The minimum requirements for street construction shall be in accordance with the Standard Specifications of

the State Highway Commission of Indiana, 1971 edition, or subsequent superseding edition, herein after referred to as the

"standard specifications," unless otherwise required by this article. All standard specification section number references are

based on the 1971 edition. A copy of the current edition of the standard specifications is on file at the department of public

works.

(c) Construction tolerances and testing shall be in accordance with the criteria and methods set out in Standard

Plans 70-01 and 70-02.

Sec. 691-162. - Preparation of subgrades for rigid and flexible pavements.

The subgrade shall be prepared in compliance with section 207 of the standard specifications.

Sec. 691-163. - Rigid pavement (plain cement concrete) thickness.

(a) The minimum thickness of concrete pavement for local streets subject to this article shall be six (6) inches.

(b) The minimum thickness of concrete pavement for residential collector streets subject to this article shall be

seven (7) inches.

(c) The minimum thickness of concrete pavement for commercial and industrial collector streets subject to this

article shall be eight (8) inches. If it is anticipated the street will have greater than ten (10) percent truck traffic (average daily),

the thickness shall be nine (9) inches.

(d) The minimum thickness of concrete pavement for all other streets shall be as determined by the department

of public works.

Sec. 691-164. - Rigid pavement materials and methods of construction.

(a) Plain cement concrete pavement shall be constructed in accordance with section 501 of the standard

specifications, except as provided in this section.

(b) Materials shall comply with section 901 and subsections 903.01, 903.02 and 912.01 of the standard

specifications. Concrete shall be machine finished except on widened portions, intersections or other places where hand

finishing will be permitted if authorized by the department of public works.

(c) Conditioning of the subgrade shall be in accordance with section 501.07 of the standard specifications.

(d) All joints shall be constructed in accordance with section 501.14 of the standard specifications, except:

(1) Weakened plane or dummy transverse contraction joints shall be placed not to exceed twenty-foot

spacing. Transverse contraction joints may be either formed or sawed dummy groove, ribbon or premolded strip

type. One (1) of the above-named joints shall be placed at every catch basin and manhole in line of the pavement.

The location of manholes and other openings in the pavement shall determine the exact location of joints. All joints

shall extend throughout side strips and curbs to full width of pavement.

(2) Expansion joints, with approved dowel bar assembly, shall be placed at street intersections and

where shown on the plans.

(3) Whenever the width between forms of the pavement under construction is greater than thirteen (13)

feet, longitudinal joints shall be constructed so as to divide the pavement into strips not to exceed fifteen (15) feet

each.

(e) Finishing machines or vibrating strike boards of design other than as specified in the standard specifications

will be permitted only if work of equal quality as set out in these specifications is obtained in the opinion of the department of

public works.

(f) Curing with approved impervious membrane or sealing compounds will be permitted if authorized by the

department of public works.

(g) All concrete shall be air entrained.


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Sec. 691-165. - Flexible pavement (full-depth asphalt) thickness.

(a) The minimum thickness of full-depth hot asphalt concrete or hot asphalt emulsion for local streets shall be

seven and one-half (7½) inches.

(b) The minimum thickness of full-depth hot asphalt concrete or hot asphalt emulsion for residential collector

streets shall be nine and one-half (9½) inches.

(c) The minimum thickness of full-depth hot asphalt concrete or hot asphalt emulsion for commercial and

industrial collector streets shall be eleven and one-half (11½) inches. If it is anticipated the street will have greater than ten

(10) percent truck traffic (average daily) the thickness shall be twelve and one-half (12½) inches.

(d) The minimum thickness for full-depth hot asphalt concrete or hot asphalt emulsion for all other streets shall

be as determined by the department of public works.

Sec. 691-166. - Flexible pavement materials and methods of construction.

(a) Hot asphalt emulsion and hot asphalt concrete pavements shall be in accordance with sections 401 and 403,

respectively, of the standard specifications. Such pavements shall consist of a one-inch wearing surface and the rest of the total

asphalt section as required by section 691-165 shall be the base, placed in three-and-one-half-inch maximum compacted lifts.

The hot asphalt emulsion surface shall be type III mixture, and the base shall be either No. 4, No. 5 or No. 53B mixture. The

hot asphalt concrete surface shall be type B mixture, and the base shall be either No. 4, No. 5 or No. 53B mixture. Construction

joints in the same plane shall not be located within fifty (50) feet of a joint in the preceding lift.

(b) Materials shall comply with subsections 902.01, 902.02, 902.03, 902.04, 903.01 and 903.02 of the standard

specifications.

Sec. 691-167. - Other paving materials.

Upon application to the director of the department of public works, with supporting data from field tests, permission may be

granted by the department of public works to use other paving materials that have shown satisfactory performance.

Sec. 691-168. - Alternate pavement thickness.

(a) Upon application to the director of the department of public works, with supporting data from field tests,

alternate or lesser pavement thicknesses than those established in this division may be approved by the department of public

works.

(b) Based upon experience in the vicinity of a proposed street or with soil of a similar nature, the department of

public works may require a pavement thickness greater than the minimums specified in this division, unless supporting data

to the contrary is supplied.

Sec. 691-169. - Curbs and gutters.

(a) A curb and gutter shall be required for all streets.

(b) The curb and gutter shape shall be in accordance with Standard Plan 12-01.

(c) Construction requirements shall comply with subsection 605.04 of the standard specifications.

(d) Materials and conditioning of subgrade shall be in accordance with the provisions of subsection (c) of section

691-164.

Sec. 691-170. - Sidewalks.

Sidewalks shall be a minimum of four (4) inches in thickness of portland cement concrete, conforming to subsections 604.02

and 604.03 of the standard specifications, and shall be as shown on Standard Plan 14-01.

Sec. 691-171. - Park strip.

(a) The park strip (the area between the curb and the sidewalk) shall be constructed in accordance with subsection

604.09 of the standard specifications.

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(b) The materials shall comply with subsections 913.01, 913.03, 913.04 and 913.05 of the standard specifications.


(a) Private residential driveways shall be constructed in accordance with Standard Plan 16-01, and sections 691-

164 and 691-166.

(b) Commercial driveways and their acceleration and deceleration lanes shall be constructed in accordance with

the department of public works Access Control Manual and sections 691-163 through 691-166.

DIVISON 3. DESIGN AND CONSTRUCTION REGULATIONS

Sec. 691-173. - Regulations.

The board of public works of Marion County is delegated by the city-county council the authority to and shall adopt,

amend or repeal regulations which set out standard Design and Construction requirements for public ways including standard

plans. Before adopting, amending or repealing any regulations, the board of public works shall follow the procedures provided

in Chapter 141 of this Code.

DIVISION 54. - AGREEMENTS WITH DEVELOPERS

Sec. 691-181. - Land acquisition agreement for construction of auxiliary lanes.

(a) In the event auxiliary lanes, i.e., passing blisters, deceleration lanes, recovery tapers, are required adjacent to

a dedicated roadway which has insufficient right-of-way for their construction, the department of pubic public works shall

entertain a request from the developer to acquire the necessary additional right-of-way by means of a two-party agreement

which will stipulate the developer's cost reimbursement responsibilities. An example of such an agreement is shown in the

regulations promulgated by the board of public works under this chapter. on Standard Sheet 01-13 of the Standards for Street

and Bridge Design and Construction, dated May 17, 1972, as revised.

(b) The developer shall notify the department of public works by letter of his desire to enter into the land

acquisition agreement. The department of public works, upon determining that such request is in the public interest, shall

prepare the necessary agreement and shall submit it to the developer for his approval and execution.










3-4-14. Notwithstanding the previous sentence the deletions of Chapter 691 divisions III and IV shall take effect after the

board of public works promulgates rules as required by this ordinance.


heard Proposal No. 429, 2019 on November 20, 2019. The proposal, sponsored by Councillors

Simpson and Fanning, approves the Department of Public Works to enter into a project cooperation

agreement with the Town of Rocky Ripple and Butler University regarding the planning, design

and construction of the White River-Rocky Ripple flood control project. By a 7-0 vote, the


Councillor Adamson moved, seconded by Councillor Fanning, for adoption. Proposal No. 429,



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Wesseler

0 NAYS:




follows:


A GENERAL RESOLUTION approving the Department of Public Works (“DPW”) of the City of Indianapolis to enter

into a Project Cooperation Agreement with the Town of Rocky Ripple and Butler University regarding the planning,

design and construction of the White River – Rocky Ripple flood control project.

WHEREAS, Indiana Code 36-7-15.6 (the “Act”) authorizes the establishment of flood control improvement districts in

special flood hazard areas of the Consolidated City of Indianapolis and Marion County (the “City”) to capture incremental

property tax revenue generated by special flood hazard properties to be deposited in a special fund for the planning, design,

construction, operation and maintenance of flood control works; and

WHEREAS, in March 2017, DPW, the Town of Rocky Ripple and Butler University entered into a Memorandum of

Understanding (the “MOU”) to coordinate and perform activities which promote shared goals of providing flood damage

protection to properties and improvements located in the Town and on the University’s campus; and

WHEREAS, in July 2018, DPW completed a geotechnical evaluation and preliminary alternative development for a local

flood damage reduction project containing preliminary engineering considerations and four alternatives for flood control

works to protect the Rocky Ripple and Butler University area known as the White River – Rocky Ripple Local Flood Damage

Reduction Project (the “Project”); and

WHEREAS, in November 2018, the Town Board of the Town of Rocky Ripple adopted resolutions supporting the

establishment of a flood control improvement district and authorizing the Town to enter into a project cooperation agreement

with the City regarding the planning, design and construction of the Project; and

WHEREAS, in December 2018, the Board of Trustees of Butler University approved a contribution to the planning,

design and construction of the Project valued at $3,650,000; and

WHEREAS, in May 2019, the City County Council adopted City-County General Resolution No. 16, 2019 pursuant to

the Act approving the Declaratory Resolution adopted by the Metropolitan Development Commission of Marion County (the

“MDC”) establishing the White River – Rocky Ripple Flood Control Improvement District (the “District”); and

WHEREAS, May 15, 2019, the MDC adopted a Confirmatory Resolution establishing the District; and

WHEREAS, since creation of the District, DPW has taken steps to further the study and design of the Project; and

WHEREAS, the City-County Council supports and approves of DPW entering into negotiations with the Town of Rocky

Ripple and Butler University with regard to the planning, design and construction of the Project; now, therefore:



SECTION 1. The City-County Council hereby approves and supports DPW entering into negotiations for a project

cooperation agreement with the Town or Rocky Ripple and Butler University to set forth the commitments and

obligations of each of the parties with regard to the planning, design and construction of the White River – Rocky Ripple

Local Flood Damage Reduction Project.

SECTION 2. Upon reaching terms on a project cooperation agreement with the Town of Rocky Ripple and Butler

University, DPW shall present said agreement to the City-County Council for approval.

SECTION 3. This resolution shall be in full force and effect upon adoption and compliance with Indiana Code § 36-3-

4-14.

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PROPOSAL NO. 433, 2019. Councillor Johnson reported that the Rules and Public Policy

Committee heard Proposal No. 433, 2019 on November 19, 2019. The proposal, sponsored by

Councillor Osili, amends Chapter 996 of the Code regarding public vehicles for hire. By a 6-0

vote, the Committee reported the proposal to the Council with the recommendation that it do

pass. Councillor Johnson moved, seconded by Councillor McQuillen, for adoption. Proposal No.




Wesseler

0 NAYS:





A PROPOSAL FOR A GENERAL ORDINANCE amending Chapter 996 of the Code regarding public vehicles for hire.



SECTION 1. Chapter 996, Article III of the "Revised Code of the Consolidated City and County," regarding operator licenses,

hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language that is

underscored, to read as follows:

Sec. 996-21. - Operator licensure.

No person shall transport or offer to transport a passenger for a fare in any public vehicle for hire without a

license to operate a public vehicle for hire.

Sec. 996-22. - Eligibility.

(a) To be eligible for a license to operate a public vehicle for hire, a person:

(1) Must possess a public passenger chauffeur or commercial driver's license issued by the State of Indiana;

(2) Must not have been convicted of a felony within the period of five (5) years immediately preceding the date

of the filing of the application;

(3) Must not have been convicted of drunk driving operating a vehicle while intoxicated within the period of ten

(10) years immediately preceding the date of the filing of the application;

(4) Must not have been convicted of operating a vehicle without a license or operating a vehicle as a habitual

traffic violator within the period of ten (10) years immediately preceding the date of the filing of the

application;

(45) Must not have two (2) or more convictions at any time of drunk driving for operating a vehicle while

intoxicated;

(56) Either:

a. Must not have been convicted at any time of an offense against another person as set out in IC 35-42 or

another jurisdiction’s equivalent unless that conviction was for a misdemeanor and a period of five (5)

years has passed from the date of conviction to the date of filing:;

1. A felony or misdemeanor that involved violence towards another person;

2. Drugged driving;

3. Being an habitual traffic offender; or

4. Being an habitual substance offender; or


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b. Must have had a valid City of Indianapolis taxicab operator's license on the effective date of this section;

and

(67) Either:

a. Must have been a resident of Marion County or the seven (7) contiguous counties for a cumulative total

of at lease least twelve (12) months; or

b. Must have had a valid City of Indianapolis taxicab operator's license on the effective date of this

subsection.

(b) In addition to any other basis for revocation of a license, no person shall be eligible to retain a license to operate a

public vehicle for hire if he or she operates such vehicle with either:

(1) An alcohol concentration in his or her blood; or

(2) A controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in his or her body, unless such

person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in

IC 35-48-1) who acted in the course of the practitioner's professional practice.

Sec. 996-23. - Application.

Each applicant for a license to operate a public vehicle for hire shall provide to the license administrator the

following information concerning the applicant, on an application form provided by the license administrator, signed

and sworn to by the applicant:

(1) Full name;

(2) Residence address;

(3) Office address;

(4) Place and length of residence for the five (5) years immediately preceding the date of the filing of the

application, including an address or addresses in Marion County or the seven (7) contiguous counties for a

cumulative total of at least twelve (12) months;

(5) Age, race, sex, height, weight, and color of eyes and hair;

(6) Place of birth;

(7) Length of residence in the City of Indianapolis;

(87) Last previous employment;

(98) Whether the applicant is a citizen of the United States;

(109) The date of judgment, court and description of each conviction for a violation of law by the applicant;

(1110) The date of filing, court and description of each charge pending against the applicant alleging a violation of

law;

(1211) All governmental entities from which the applicant has been previously licensed to operate any type of

public vehicle for hire, and each date and cause for which any such license was ever revoked or suspended;

and

(1312) Such additional information as the license administrator deems necessary.

Sec. 996-24. - Attachments to the application.

Each application shall be accompanied by:

(1) Two (2) recent photographs of the applicant in a format prescribed by the license administrator, designed to

be easily attachable to the license;

(2) A complete set of the applicant's fingerprints in a format prescribed by the license administrator;

(3) A copy of the applicant's Indiana driving record certified within ten (10) days prior to submission of the

application;

(4) A copy of the applicant's limited criminal history from the Indiana State Police and from the Indianapolis

Metropolitan Police Department, as provided by IC 10-13-3; and

(5) Such additional items as the license administrator deems necessary.

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Sec. 996-25. - Fee.

The annual renewal fee for a license to operate a public vehicle for hire shall be provided in section 131-501 of

the Code.

Sec. 996-26. - Investigation of applicant.

The license administrator shall investigate an applicant for a license to operate a public vehicle for hire. The

investigation shall include:

(1) Investigation of the facts giving rise to any violation of law and any charges alleging a violation of law

pending against the applicant; and

(2) Such additional investigation as the license administrator deems necessary.

Sec. 996-27. - Examination of applicant.

(a) Each applicant for a license to operate a public vehicle for hire shall be examined by the license administrator to

guarantee quality service to customers, as to:

(1) The applicant's qualifications;

(2) The applicant's knowledge of the provisions of this chapter and such other ordinances, statutes and regulations

as the license administrator deems relevant;

(3) The applicant's knowledge of the geography of Marion County and the surrounding counties;

(4) The applicant's ability to communicate in English with customers; and

(5) The applicant's skill in operating a motor vehicle (including a driving test accompanied by an inspector in

such circumstances as the license administrator determines to be necessary to protect the public).

(b) Each new applicant for a license to operate a public vehicle for hire shall complete a comprehensive training

program administered by the license administrator or an authorized agent thereof.

Sec. 996-28. - Pending charges of violation of law.

If charges are pending in any court charging the applicant with a violation of law, the license administrator shall

suspend processing of the application until those charges are resolved, unless the applicant requests the license

administrator to proceed with the processing of the application. In the event that an applicant requests the license

administrator to proceed, the license administrator shall conduct a hearing to determine whether the applicant

committed the alleged violation of law and whether that violation of law disqualifies the applicant from receiving a

license. Evidence may be submitted telephonically or by any other reasonable electronic means from remote locations.

The applicant must appear at the hearing, testify, and otherwise fully cooperate with the license administrator's

investigation. In the event that the application is denied, the applicant shall reimburse the license administrator for any

expenses incurred as a result of the request for a hearing.

Sec. 996-29. - Issuance of license.

Upon completion of the investigation and any examination of the applicant, and a determination by the license

administrator that the applicant is eligible pursuant to section 996-22 and qualified pursuant to section 996-27 for a

license to operate a public vehicle for hire, the license administrator shall issue to the applicant a license to operate a

public vehicle for hire, in a format prescribed by the license administrator, which license shall contain the photograph

and signature of the licensee, the date of issuance and expiration of the license, and such additional information as the

license administrator deems necessary.

Sec. 996-30. - License term.

A license to operate a public vehicle for hire shall be valid for a term of one two (12) year as provided in section

801-209 of the Code.

Sec. 996-31. - Renewal date.

The renewal date for a license to operate a public vehicle for hire shall be according to the provisions of section

801-209 of the Code.


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Sec. 996-32. - Renewal.

Pending action by the license administrator on an application for renewal of an existing public vehicle for hire

license, the applicant shall be permitted to operate a public vehicle for hire under the license issued for the previous

licensing period, unless the license administrator enters an order to the contrary.

Sec. 996-33. - Post-licensure inspection of operator.

At least two (2) times each year on a schedule or at such unannounced times as determined by the license

administrator as assigned by the deputy director of the division of construction and business services shall inspect each

licensed operator for compliance with section 996-124 and other requirements of this chapter.

SECTION 2. Chapter 996, Article IV of the "Revised Code of the Consolidated City and County," regarding general licensure

requirements for public vehicles for hire, hereby is amended by the deletion of the language that is stricken-through, and by

the addition of the language that is underscored:

Sec. 996-41. - Separate license.

A separate license shall be required for each public vehicle for hire. Each public vehicle for hire shall have one

(1) license. In order to be licensed, every taxicab must satisfy both:

(1) The general licensure requirements for public vehicles for hire; and

(2) The additional specific requirements imposed by the article for taxicab licenses.


To be eligible for licensure as a public vehicle for hire, a motor vehicle must:

(1) Be a passenger vehicle;

(2) Be designed and constructed to accommodate and transport not more than fifteen (15) passengers, including

the driver;

(3) Be equipped with a two-way radio Have a device to facilitate dispatching and other communication between

the public vehicle for hire and the owner's central office;

(4) Have a tax situs in Marion County;

(54) Have Marion County license plates; and

(65) Be owned by an applicant eligible to apply for a public vehicle for hire license.

Sec. 996-43. - Eligibility; required number of taxicabs per applicant.

(a) To be eligible to apply for a public vehicle for hire license, a person:

(1) Must be the owner of the vehicle;.

(2) Must have a central office located in Marion County that shall be kept open twenty-four (24) hours each day

for the purpose of receiving calls and dispatching public vehicles for hire within the city; and

(3) Must not have been convicted of a felony within the period of five (5) years immediately preceding the date

of the filing of the application.

(b) No person shall be eligible to apply for, or have the license administrator renew, public vehicle for hire licenses for

taxicabs unless the number of taxicabs that are owned by that person, and that are licensed or will be licensed if the

application is approved, is twenty five (205) or more; however, this limitation shall not apply to a person who has

maintained at least one (1) valid public vehicle for hire license for at least one (1) eligible taxicab continuously

since July 1, 2002.

Sec. 996-44. - Application.

(a) Each applicant for a license for a public vehicle for hire shall provide to the license administrator the following

information concerning the applicant and the vehicle, on an application form provided by the license administrator,

signed and sworn to by the applicant (or, if the applicant is not an individual, signed and sworn to by one (1) of the

individuals about whom information is required by this section):

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(1) The vehicle's seating capacity, name of manufacturer, model year, horsepower, vehicle identification number,

certificate of title number, color and state license number;

(2) The logo (if any), and color and design scheme that will be used on the vehicle;

(3) The applicant's full name;

(4) The applicant's central office address;

(5) The names of all persons other than the applicant who have a financial interest in the vehicle;

(6) All governmental entities from which the applicant has previously obtained a license for any public vehicle

for hire, and each date and cause for which any such license was ever revoked or suspended; and

(7) Such additional information as the license administrator deems necessary.

(b) As used in this section, financial interest in a motor vehicle means any portion of any of the legal rights of ownership

or any such financial interest in any partnership, corporation or other legal entity having any such financial interest

in a motor vehicle. As used in this section, financial interest in a motor vehicle includes, but is not limited to, that

interest held by stockholders and officers of corporations or similar business entities having a financial interest in

a motor vehicle.

Sec. 996-45. - Attachments to the application.

Each application shall be accompanied by:

(1) A public liability insurance policy or certificate of self- insurance for the vehicle;

(2) A certificate of existence from the Indiana secretary of state, if the applicant is a corporation; and

(3) Such additional items as the license administrator deems necessary.

Sec. 996-46. - Public liability insurance.

(a) All vehicles licensed under this article must be covered by a public liability insurance policy that will indemnify

anyone injured by anyone operating the vehicle. The public liability insurance shall be in an amount not less than

one hundred thousand dollars ($100,000.00) combined limit coverage for personal injury and property damage.

The policy shall contain the same substantive provisions as required of common carriers under the forms prescribed

by the federal highway administration at 49 C.F.R. § 387.39. The policy shall remain in effect continuously until

terminated. The policy shall provide that cancellation may be effected only by the insurer providing forty-five (45)

days' prior written notice to the license administrator; provided, in the event of cancellation for nonpayment of

premium, the cancellation may be effective on ten (10) days' prior written notice, such ten (10) days being measured

from the license administrator's receipt of the notice.

(b) The insurance requirements of this section may be satisfied by a certificate of self-insurance, in an equivalent

amount, issued by the bureau of motor vehicles of the State of Indiana.

Sec. 996-47. - Fees.

(a) The annual renewal fee for each public vehicle for hire license shall be provided in section 131-501 of the code.

(b) In addition, the fee for an inspection of a taxicab beyond the past six (6) model years shall be provided in section

131-502 of the code.

Sec. 996-48. - Investigation of applicant.

The license administrator shall investigate an applicant for a public vehicle for hire license. The investigation shall

include:

(1) Investigation of the facts giving rise to any violation of law and any charges alleging a violation of law

pending against the applicant or any person having a financial interest in the vehicle; and

(2) Such additional investigation as the license administrator deems necessary.

Sec. 996-49. - Pre-licensure inspection of vehicle.

The division of construction and business services shall inspect the vehicle for compliance with the motor vehicle

equipment requirements of IC 9-19 and section 996-123 of the Code.


80

At least two (2) times each year, on a schedule or at such unannounced times as determined by the license

administrator as appointed by the deputy of the division of construction and business services shall inspect each licensed

public vehicle for hire for compliance with the motor vehicle equipment requirements of IC 9-19 and section 996-123.

Sec. 996-50. - License period.

A license for a public vehicle for hire shall be valid until the next renewal date for that license.

Sec. 996-51. - Renewal date.

The renewal date for a license for a public vehicle for hire shall be according to the provisions of section 801-209

of the Code.

Sec. 996-52. - Renewal.

The renewal of a license for a public vehicle for hire shall be granted upon the same terms and conditions as the

original license. Pending action by the license administrator on the application for renewal, the applicant shall be

permitted to operate a public vehicle for hire under the license issued for the previous year, unless the license

administrator enters an order to the contrary.

Sec. 996-53. - Post-licensure inspection of vehicle.

At least two (2) times each year, on a schedule or at such unannounced times as determined by the license

administrator, the division of construction and business services shall inspect each licensed public vehicle for hire for

compliance with the motor vehicle equipment requirements of IC 9-19 and section 996-123.

Sec. 996-54. - Removal from service.

If a licensed public vehicle for hire is inspected pursuant to section 996-53 and found not to comply with the motor

vehicle requirements of IC 9-19 or section 996-123, any monthly taxicab certificate shall be immediately removed from

the vehicle and canceled. The division of construction and business services shall thereafter reinspect the vehicle upon

the request of the licensee.

SECTION 3. Chapter 996, Article V of the "Revised Code of the Consolidated City and County," hereby is amended by the

deletion of the language that is stricken-through, and by the addition of the language that is underscored:

ARTICLE V. – RESERVED REGULATIONS

Sec. 996-61. – Power to promulgate regulations.

Pursuant to Sec. 801-201, the license administrator may adopt, amend, rescind and enforce reasonable

regulations and order in furtherance of the purpose of this Chapter.

Secs. 996-61—996-64. - Reserved.

SECTION 4. Section 996-72 of the "Revised Code of the Consolidated City and County," regarding taxicab licenses, hereby

is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored:


To be eligible for a taxicab license, a public vehicle for hire must:

(1) Meet the general licensure requirements for public vehicles for hire;

(2) Be either:

a. Of the current or past six (6) model years; or

b. Beyond the past six (6) years but not more than ten (10) model years and inspected and approved

annually by the city garage and the license administrator as remaining fit for quality service both

mechanically and aesthetically;

(3) Be equipped with a certified taximeter;

(4) Have a permanently an affixed top light clearly identifying the vehicle as a taxicab;

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(5) Have a color and conspicuous design scheme that is the same for all taxicabs owned by the same person, and

that is either:

a. Not similar to that in use by any taxicab licensed to another licensee; or

b. Similar to that of a taxicab licensed to a licensee who has consented to such use of the color scheme;

and

(6) Have affixed to both sides and the rear of the vehicle the license administrator's license number for the taxicab

in a format prescribed by the license administrator, designed to be readable by potential customers.

SECTION 5. Chapter 996, Article VII of the "Revised Code of the Consolidated City and County," regarding fares, hereby

is amended by the deletion of the language that is stricken-through, and by the addition of the language that is underscored:

Sec. 996-81. - Maximum fares.

No person shall transport or offer to transport a passenger in a public vehicle for hire for a fare higher than that fare

which is authorized pursuant to this article. Except for regulations which may be adopted by the Indianapolis Airport

Authority, nothing in this article shall be construed to prohibit the charging of a fare lower than that maximum fare which

is authorized pursuant to this article.

Sec. 996-82. - Reserved.

Sec. 996-83. - Filing.

Every holder of a public vehicle for hire license shall file with the license administrator a fare schedule, which shall

be open to the public, showing all rates and charges that the licensee has established and requires as payment for any of

its services.

Sec. 996-84. - Fare charges.

A fare schedule on file with the license administrator may be changed only upon ten (10) days written notice to the

license administrator. With the exception of fares authorized under section 996-86(8), (9) and (10), fares in the schedules

may not be changed more than once each calendar quarter.

Sec. 996-85. - Airport fares.

(a) All licensees under this article shall comply with such rules as the Indianapolis Airport Authority may adopt

regulating taxicab service for trips originating at the Indianapolis International Airport, including rules establishing

or regulating fares, vehicle size and luggage compartments, provided such rules are adopted pursuant to this section.

(b) At least thirty (30) days prior to the adoption of any rules specified in subsection (a) of this section, the Indianapolis

Airport Authority shall provide notice of the proposed rules by certified or registered mail to the office of the

license administrator and to the clerk of the city-county council.

(c) Rules adopted pursuant to subsection (a) of this section shall not be effective sooner than sixty (60) days after

notice of their adoption is received via registered or certified mail by both the office of the license administrator

and the clerk of the city-county council.

Sec. 996-86. - Allowable taxicab fares; manner of payment.

(a) Charges for taxicab service may include only the following charges:

(1) A pick-up charge for trips resulting from a phone request;

(2) A pick-up charge for trips not resulting from a phone request;

(3) A mileage charge measured in one-fifth ( 1/5 ) mile;

(4) A waiting charge;

(5) An extra passenger charge;

(6) An alternative hourly charge;

(7) An alternative regional center fare for trips originating and ending within that portion of Central Indianapolis

lying east of White River, south of 12th Street, west of I-65 and north of I-70;


82

(8) An alternative Indianapolis 500 Mile Race fare, on the date such race is scheduled to be run and any scheduled

postponement date;

(9) An alternative Brickyard 400 Mile Race fare, on the date such race is scheduled to be run and any scheduled

postponement date; and

(10) An alternative United States Grand Prix at Indianapolis fare, on the date such race is scheduled to be run

and any scheduled postponement date.; and

(11) An excrement, urine, vomit or bodily fluids cleanup charge.

(b) Each operator shall be equipped and authorized to accept payment of the fare by credit card. It shall be unlawful

for a licensee under this chapter to discourage a customer from paying by credit card, or to charge an additional

amount for paying by credit card.

Secs. 996-87, 996-88. - Reserved.

Sec. 996-89. - Permanent maximum taxicab fares.

From and after January 1, 1996, the following taxicab charges shall not exceed the amounts stated below:

(1) The mileage charge shall not exceed forty cents ($0.40) for each one-fifth ( 1/5 ) mile.

(2) The waiting charge shall not exceed forty cents ($0.40) per each one (1) minute of waiting time.

(3) The extra passenger charge shall not exceed sixty-five cents ($0.65) for each extra passenger.

(4) The alternative hourly charge shall not exceed twenty-four dollars ($24.00) per hour plus two dollars ($2.00)

per mile for each mile in excess of twelve (12) miles driven during any one (1) hour.

(5) The alternative regional center fare shall not exceed five dollars ($5.00) plus any applicable extra passenger

charge.

(6) The excrement, urine, vomit or bodily fluids cleanup charge shall not exceed two hundred dollars ($200.00).

SECTION 6. Chapter 996, Article IX of the "Revised Code of the Consolidated City and County," regarding miscellaneous

regulations, hereby is amended by the deletion of the language that is stricken-through, and by the addition of the language

that is underscored:

Sec. 996-121. - Cruising.

No provision herein shall be construed to prohibit public vehicles for hire from cruising in search of customers.

Cruising shall not be conducted in any manner which impedes the flow of traffic.

Sec. 996-122. - Dispatching log.

Each owner or operator of a public vehicle for hire that is licensed under this chapter shall maintain, at a location

in the city, a record of all customer service transactions including the date and time of the agreement to provide service,

the dates, times and locations where the customer is picked up and dropped off, the name of the operator, and the amount

of the fare. Dispatching logs shall be retained for at least one (1) year by the owner or operator and shall be open to

inspection on demand by the division of construction and business services and any law enforcement agency having

jurisdiction over the geographical area where the record is located. Dispatching logs may be kept in a physical or

electronic format.

Sec. 996-123. - Maintenance.

(a) The exterior and interior of all vehicles in use as public vehicles for hire shall be kept well painted, maintained and

reasonably free from dirt.

(b) It shall be unlawful to own or operate a public vehicle for hire which is not maintained as required by this section.

A person's first violation of this section in a twelve (12) month period shall be subject to the enforcement procedures

provided in Chapter 103, Article III, of the Code, and each second and subsequent violation in a twelve (12) month

period is subject to the enforcement procedures and penalties provided in section 103-3 of the Code.

Sec. 996-124. - Dress code Reserved.

(a) A person operating a public vehicle for hire shall at a minimum:

(1) Be clean and free of any body odor detectable to a reasonable passenger;

(2) Have all visible head and facial hair neatly trimmed and combed or brushed;

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(3) Be dressed in clean and neat outer wear consisting of shoes and a collared shirt or blouse and slacks or skirt,

or dress.

(b) No person operating a public vehicle for hire shall wear as outer wear thongs, sandals, shorts, trunks, collarless

shirt, tank top, body shirt, see-through clothing, swim wear or sweat clothing.

(c) It shall be unlawful for a person whose condition or appearance does not comply with the requirements of this

section to operate a public vehicle for hire. A person's first violation of this section in a twelve (12) month period

shall be subject to the enforcement procedures provided in Chapter 103, Article III, of the Code, and each second

and subsequent violation in a twelve (12) month period is subject to the enforcement procedures and penalties

provided in section 103-3 of the Code.

Sec. 996-125. - Failure to provide service; response time.

(a) It shall be unlawful for a licensee to refuse as a passenger an orderly person who applies to him for transportation

within the city, unless the operator is providing service to another person, or unless the operator has made visual

contact with the person and formed a belief that is reasonable under the circumstances that transporting such person

might be unsafe for the operator.

(b) It shall be unlawful for a licensee to refuse as a passenger any person who applies to him for transportation on the

basis of race, sex, sexual orientation, gender identity, religion, color, national origin, ancestry, age, disability,

and United States military service veteran status in accordance with 581-102. race, sex, religion, color, national

origin, ancestry, age, handicap, disabled veteran status, or Vietnam era veteran status.

(c) Within fifteen (15) minutes after a request for service is received by telephone or facsimile, a licensee shall answer

the request by causing a public vehicle for hire to arrive at the requested location or by advising the person as to

how long it will be before such vehicle will arrive. Failure to comply with this subsection shall constitute a violation

of the Code.

Sec. 996-126. - Display of licenses and fare schedules.

(a) Every public vehicle for hire shall display in plain view of passengers the public vehicle for hire license for that

vehicle, the license for the operator of that vehicle and the fare schedule for that vehicle as filed with the license

administrator.

(b) It shall be unlawful to own or operate a public vehicle for hire that does not display the licenses and fare schedule

as required by this section. A person's first violation of this section in a twelve (12) month period shall be subject

to the enforcement procedures provided in Chapter 103, Article III, of the Code, and each second and subsequent

violation in a twelve (12) month period is subject to the enforcement procedures and penalties provided in section

103-3 of the Code.

Sec. 996-127. - Persons with disabilities.

While knowingly providing transportation to persons with disabilities, a public vehicle for hire and a person

licensed to operate a public vehicle for hire shall comply with all requirements of the Americans with Disabilities Act in

all respects, including equipment, training of personnel, and all other respects.

Sec. 996-128. - Defacing license.

No licensee shall deface, disguise or otherwise alter any license or certificate issued hereunder.

Sec. 996-129. - Share rides.

No licensee shall transport any passenger other than the first passenger to occupy the public vehicle for hire without

the express or implied consent of each prior passenger. Consent may be implied by entering a public vehicle for hire

which is identified by exterior markings as a jitney or which otherwise, by its style, markings or established practices,

would be known to a reasonable person to commonly transport multiple passengers simultaneously. A taxicab engaging

in share riding is not required to be equipped with a meter capable of accounting separately for each trip segment.

Sec. 996-130. - Alcoholic beverages.

No licensee under this article shall furnish or offer to furnish any alcoholic beverage to any passenger.

Sec. 996-131. - Payment of fare.

No person who requests and receives transportation shall fail or refuse to pay a fare authorized by this chapter.


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Sec. 996-132. - Receipt.

Upon request by a passenger, the driver of a public vehicle for hire shall deliver to the passenger at the time of

payment a signed receipt containing the driver's name and license number, the number of the license of the public vehicle

for hire, the taximeter certificate number (if any), the distance or time for which the charge is made (if applicable), the

total amount paid, by whom the amount was paid and the date of payment.

Sec. 996-133. - Complaints.

(a) Any person knowing of the misconduct of any licensee under this article may present a complaint to any police

officer of the city or to the license administrator. The license administrator shall investigate the complaint with the

assistance of the Indianapolis metropolitan police department, if the license administrator deems such assistance

necessary. Such department shall file with the license administrator a report of the facts relating to such conduct.

The license administrator shall then notify the licensee in writing that charges have been filed against him or her,

setting a time for a hearing on such charges as provided in chapter 801, article IV, of the Code.

(b) If additional complaints or violations of this chapter are observed against a licensee within a twelve (12) month

period and after a hearing by the license administrator found to have merit, the license administrator shall impose

not less than a one (1) week suspension, and if determined to be beneficial by the license administrator, require the

operator to successfully complete the forty (40) hour training program pursuant to section 996-27 during the

suspension.

Sec. 996-134. - Compliance with law.

Persons licensed to operate a public vehicle for hire shall comply with all laws of the State of Indiana, provisions

of this Code, and such other rules and regulations as are issued by the license administrator.

Sec. 996-135. - Location of central office; tax situs Reserved.

The license administrator shall revoke a taxicab license if the central office of the owner or the tax situs of the

vehicle is removed from Marion County.

Sec. 996-136. - Transferability.

No license or certificate granted under this article shall be transferable.

Sec. 996-137. - No property rights.

Nothing in this chapter shall be interpreted to grant any property rights of any kind to any licensee or any other

person. All rights and restrictions created by the express language of this chapter may be expanded, reduced or eliminated

at any time by ordinance or by regulation of the license administrator or other officer.

Sec. 996-138. - Limitations on operator's number of hours; operator's log.

(a) It shall be unlawful for a person to operate a public vehicle for hire in the city for a cumulative total of more than:

(1) Twelve (12) hours in any period of twenty-four (24) consecutive hours; or

(2) Twenty (20) hours in any period of forty-eight (48) consecutive hours.

For purposes of this section, a person shall be deemed to be operating a public vehicle for hire at all times the vehicle is

in service, and regardless of whether or not the vehicle is being driven.

(b) Each operator of a public vehicle for hire shall maintain at a location in the city, and on a form provided by the

license administrator, a record of each day or portion of a day in which he or she operates a public vehicle for hire,

including the operator's name and signature, the date, and the times when the vehicle was placed in service and

taken out of service. Operator logs shall be retained for at least one (1) year by the operator or owner, and shall be

open to inspection on demand by the division of construction and business services and any law enforcement

agency having jurisdiction over the geographical area where the record is located.

(c) A person's first violation of this section in a twelve (12) month period shall be subject to the enforcement procedures

provided in Chapter 103, Article III, of the Code, and each second and subsequent violation in a twelve (12) month

period is subject to the enforcement procedures and penalties provided in section 103-3 of the Code.

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3-4-14.

ANNOUNCEMENTS AND ADJOURNMENT

Councillor Adamson asked members to keep John Starks, Department of Public Works employee,

in their thoughts and prayers, as he was struck by a car while performing his duties and is in the

hospital.

The President said that the docketed agenda for this meeting of the Council having been completed,

the Chair would entertain motions for adjournment.

Councillor McQuillen stated that he had been asked to offer the following motion for adjournment

by:

(1) Councillor Cordi in memory of Bruce Gordon O'Neal, Stanley R. Stoltz, Jeff Gildea, and

Wendell O. Nance.

(2) Councillor Holliday in memory of Tracy Hayden.

(3) Councillor Jackson in memory of Alston Gholar.

(4) Councillor Osili in memory of Khabir Shareef.

(5) Councillors Osili and Lewis in memory of Rev. Frank Alexander.

(6) Councillor McQuillen in memory of William Ruckelshaus and Gary Louis Cohen.

(7) Councillor Adamson in memory of Brian Taylor.

(8) Councillors Adamson, Osili and Cordi in memory of Clara Celestino Horseman.

(9) Fanning Todd Kochert

Councillor McQuillen moved the adjournment of this meeting of the Indianapolis City-County

Council in recognition of and respect for the life and contributions of Ray L. Stanfield, Tiaira Cox,

Bernard McFadden, Robert Gibson, Marilyn Shirley Corbitt, Thomas Joseph Carroll, Tigger

McHenry, Darrel Clyde Cohron, Janet Cumming Keeler, and Beverly Brown. He respectfully

asked the support of fellow Councillors. He further requested that the motion be made a part of the

permanent records of this body and that a letter bearing the Council seal and the signature of the

President be sent to the families advising of this action.

There being no further business, and upon motion duly made and seconded, the meeting adjourned

at 8:39 p.m.

We hereby certify that the above and foregoing is a full, true and complete record of the proceedings

of the regular concurrent meetings of the City-Council of Indianapolis-Marion County, Indiana,

and Indianapolis Police, Fire and Solid Waste Collection Special Service District Councils on the

9th day of December, 2019.


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In Witness Whereof, we have hereunto subscribed our signatures and caused the Seal of the City

of Indianapolis to be affixed.

President

ATTEST:

Clerk of the Council

(SEAL)

minutes of the city-county council€¦ · the near eastside redevelopment area and to adopt a...

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