HomeMy WebLinkAboutApproving the Urban Renewal Plan together with the proposed amendments thereto providing for the designation of an allocation area and allocation plan within the central downtown projectRESOLUTION
NO. 787 -80
Passed by the Common Council of the City of South Bend, Indiana
June 23, 19 80
Attest: - -- '''` -e - -/N--7 �� .� o =,. City Clerk
Attest: A President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
June 24, 19 80
FAId
City Clerk
Approved and signed by me , 19 e6.
Mayor
RESOLUTION NO. .7 -F7' ,:�-<1
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
APPROVING THE URBAN RENEWAL PLAN TOGETHER WITH THE PROPOSED
AMENDMENTS THERETO PROVIDING FOR THE DESIGNATION OF AN ALLOCATION
AREA AND ALLOCATION PLAN PURSUANT TO INDIANA CODE 18 -7 -7 -39.1
WITHIN THE CENTRAL DOWNTOWN PROJECT, INDIANA R -66.
WHEREAS 3 under the provisions of Title I of the Housing Act of 1949,
as amended, t "Title I.. ).the Department -of Housing and Urban Development
Administrator is authorized to provide financial" assistance to Local'Public
Agencies for undertaking and carrying out urban renewal projects; and
WHEREAS, it is provided in such Act that contracts for financial
aid thereunder require that the Urban Renewal Plan for the project area
be approved by the governing body of the locality in which the project
is situated and that such approval include findings by the governing
body that: (1) the financial aid to be provided in the contract is
necessary to enable the project to be undertaken in accordance with
the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum
opportunity, consistent with the sound needs of the locality as a whole,
for the rehabilitation or redevelopment of the urban renewal area by
private enterprise; (3) the Urban Renewal Plan conforms to a general
plan for the development of the locality as a whole; and (4) the Urban
Renewal Plan gives due consideration to the provision of adequate park
and recreational areas and facilities, as may be desirable for neighbor-
hood improvement, with special consideration for the health, safety,
and welfare of children residing in the general vicinity of the site
covered by the Plan; and
WHEREAS, the City of South Bend Department of Redevelopment (herein
called the "Local Public Agency "), has entered into a planning contract
for financial assistance under such Act with the United State of America,
acting by and through the Secretary of Housing and Urban Development,
pursuant to which Federal funds were provided for the urban renewal
project (herein called the "Project "), identified as "Central Downtown
Project, Indiana R -66" and encompassing the area bounded by a line drawn
as follows:
Beginning at a point formed by the intersection of the north right -of-
way line of LaSalle Avenue and the west right -of -way line of Main Street;
thence south along the west right -of -way line of Main Street to the north
right -of -way line of Washington Street; thence west along the north right -
of -way line of Washington Street to the west right -of -way line of Lafayette
Boulevard; thence south along the west right -of -way line of Lafayette
Boulevard to the south right -of -way line of Jefferson Boulevard; thence
east along the south right -of -way line of Jefferson Boulevard to the
west right -of -way line of Main Street; thence south along the west right -
of -way line of Main Street to the south right -of -way line of Monroe Street;
thence east along the south right -of -way line of Monroe Street to the
west right -of -way line of Fellows Street; thence south along the west
right -of -way line of Fellows Street to the south right -of -way line of
Monroe Street; thence east along the south right -of -way line of Monroe
Street and proceeding in a northeasterly direction along said right -of -way
to the center of the St. Joseph River; thence proceeding in a northwesterly
direction along the center of the St. Joseph River to the north right -of-
way line of LaSalle Avenue; thence west along the north right -of -way line
of LaSalle Avenue to the west right -of -way line of Main Street which is
the point of beginning, all in the City of South Bend, St. Joseph County,
State of Indiana, (herein called the "Project Area "); and
WHEREAS, the Local Public Agency has made detailed studies of the
location, physical condition of structures, land use, environmental
influences, and the social, cultural, and economic conditions of the
Project Area and by its Declaratory Resolution No. 215, as amended,
has determined that the area is a blighted area and that it is detrimental
and a menace to the safety, health, and welfare of the inhabitants and
users thereof and of the Project Area, because of the presence of blighted
structures and the lack of adequate community improvements, and the members
of this Governing Body have been fully appraised by the Local Public Agency
and are aware of these facts and conditions; and
WHEREAS, there has been prepared and referred to the Common Council
of the City of South Bend, Indiana, (herein called the "Governing
Body ") for review and approval Resolution No. 615 adopted by the Local
Public Agency on June 6, 1980 further amending said Declaratory Resolution
No. 215 by establishing Allocation Area No. I within the Project Area
pursuant to Indiana Code 18 -7 -7 -39.1; and
WHEREAS, the Urban Renewal Plan, as amended, has been reapproved
by the Local Public Agency, as evidenced by the copy of said Body's
duly certified Resolution No. 615 approving the Urban Renewal Plan
and amending said Declaratory Resolution No. 215; and
WHEREAS, the Area Plan Commission of St. Joseph County, which is
the duly designated and acting official planning body for the Project Area,
has submitted to the Governing Body its report and recommendations
respecting said Urban Renewal Plan, as amended, and said Resolution No.
615 and has certified that said Urban Renewal Plan, as amended, and said
Resolution No. 615 conform to the said general plan for the Project Area
as a whole, and the Governing Body has duly considered said report,
recommendation, and certification of the planning body; and
WHEREAS, it is necessary that the Governing Body take appropriate
official action respecting said Urban Renewal Plan, as amended, and said
Resolution No. 615, in conformity with the contracts for financial assistance
between the Local Public Agency and the United States of America acting
by and through the Department of Housing and Urban Development Administrator;
and
WHEREAS, the Governing Body is cognizant of the conditions that
are imposed in the undertaking and carrying out of urban renewal projects
with Federal financial assistance under Title I, including those proscribing
discrimination because of race, color, creed, sex or national origin:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend:
1. That it is hereby found and determined that the
Project Area is a blighted area and qualifies as
an eligible Project Area under the Redevelopment
of Cities and Towns Act of 1953, as amended
(Indiana Code 18 -7 -7)
2. That the Urban Renewal Plan, as amended, and said
Resolution No. 615 presented at this meeting for
the Project aforementioned, having been duly
reviewed and considered, are hereby approved,
and the City Clerk be and is hereby directed to
file copies of said Urban Renewal Plan, as amended
and said Resolution No. 615 with the minutes of
this meeting.
3. That it is hereby found and determined that said
Urban Renewal Plan, as amended, and said Resolution
No. 615 conform to the general plan of the City
and County.
4. That it is hereby found and determined that the
above - mentioned Urban Renewal Plan, as amended,
and said Resolution No. 615 will afford maximum
opportunity, consistent with the sound needs of
the City and County as a whole, for the urban
renewal of such areas by private enterprise.
5. That said Resolution No. 615 of the Local Public
Agency, amending said Declaratory Resolution No.
215, establishing Allocation Area No. I in the
Project Area pursuant to Indiana Code 18 -7 -7 -39.1
is hereby approved.
2
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6. This resolution shall be in full force and
effect from and after its adoption by the
Common Council and approval by the Mayor.
3
Member of the Common Council
I Signed only to
and Council
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FII�Iv 131 �. 60 S
jury i V Mo
Irene Gammon
CI.N CLERK, SOU-M BEND, IND.
DEPT. OF REDEVELOPMENT
1200 County -City Bldg.
South Bend, Indiana 46601
(219) 284 -9371
Ann Kolata
Director
Kevin Horton
Assistant Director
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
MEMORANDUM
Redevelopment Commission
F. Jay Nimtz
President
Lloyd E. Robinson, Sr.
Vice President
A. Peter Donaldson
Secretary
Robert J. Cira
Assistant Secretary
Paula N. Auburn
Member
Carl Ellison
Executive Director
TO : Members of the South Bend Common Council
FROM: Ann Kolata, Department of Redevelopment /zt,&
DATE: June 19, 1980
Attached to this letter is a certified copy of Resolution
No. 615 adopted by the South Bend Redevelopment Commission on
June 6, 1980 amending its Declaratory Resolution for the Central
Downtown Project, Indiana R -66, to provide for the designation
of an allocation area and allocation plan pursuant to Indiana
Code 18 -7 -7 -39.1.
Also enclosed is a copy of the Area Plan Resolution No. 52
passed by the Area Plan Commission of St. Joseph County, Indiana
on June 17, 1980, which resolution approves, ratifies and confirms
the Resolution No. 615 adopted by the Redevelopment Commission
of South Bend, and a proposed resolution of the Common Council
of the City of South Bend approving the Urban Renewal Plan
together with the proposed amendments thereto.
Your adoption of the proposed resolution will permit the
Redevelopment Commission to proceed with the plan change.
We urge your favorable action on this resolution.
Enclosure
AK: hr
CERTIFICATION
The undersigned Secretary of the City of South Bend
Redevelopment Commission hereby certifies that the attached
Resolution is an accurate copy of Resolution #615 as passed at the
June 6, 1980 meeting of the Redevelopment Commission.
4e;�� -,
A. Peter na on
Secretary
Redevelopment Commission
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said ,,,
County and State, personally appeared the Secretary of the City r,� 1'
South Bend, Redevelopment Commission, Mx. A. Peter Donaldson, and
acknowledged the execution of this Certification.
IN WITNESS WHEREOF, I have hereunto subscribed name and
affixed my Official Seal, this /0 Z�t day of ; %,'• `'�
19 Lo
J e A. Zimme _an otary Public
I am a resident of St. Joseph County
My Commission Expires:
March 29. 1982
RESOLUTION N0. 615
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING CERTAIN RESOLUTIONS DECLARING
THE CENTRAL DOWNTOWN URBAN RENEWAL AREA TO BE
BLIGHTED AND APPROVING AN URBAN RENEWAL PLAN AND
CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE
MADE FOR PROJECT NO. IND. R -66
WHEREAS, the City of South Bend Redevelopment Commission
( "Commission "), governing body of the City of South Bend Department
of Redevelopment ( "Department ") did on December 16, 1968 adopt
Resolution No. 215 declaring the following area in the City of South Bend,
Indiana ( "City ") to be a blighted area within the meaning of the Redevelop-
ment of Cities and Towns Act of 1953 (Indiana Code 18 -7 -7) ( "Act "):
Beginning at a point formed by the intersection of
the north right -of -way line of LaSalle Avenue and
the west right -of -way line of Main Street; thence
south along the west right -of -way line of Main
street to the north right -of -way line of Washington
Street; thence west along the north right -of -way
line of Washington Street to the west right -of -way
line of Lafayette Boulevard; thence south along
the west right -of -way line of Lafayette Boulevard
to the south right -of -way line of Jefferson Boulevard;
thence east along the south right -of -way line of
Jefferson Boulevard to the west right -of -way line
of Main Street; thence south along the west right -
of -way line of Main Street to the south right -of -way
line of Monroe Street; thence east along the south
right -of -way line of Monroe Street to the west
right -of -way line of Fellows Street; thence south
along the west right -of -way line of Fellows Street
to the south right -of -way line of Monroe Street;
thence east along the south right -of -way line of
Monroe Street and proceeding in a northeasterly
direction along said right-of -way line to the center
of the St. Joseph River; thence proceeding in a
northwesterly direction along the center of the
St. Joseph River to the north right -of -way line
of LaSalle Avenue; thence west along the north
right -of -way line of LaSalle Avenue to the west
right -of -way line of Main Street which is the
point of beginning.
WHEREAS said Resolution No. 215 has been modified from
time to time by similar resolutions with respect to estimated acquisition
costs and provisions of an urban renewal plan, which resolutions have
been confirmed by this Commission as required by the Act, to wit:
Resolution No. 233 adopted October 10, 1968; Resolution No. 456 adopted
July 16, 1973; Resolution No. 460 adopted August 3, 1973; Resolution No.
522 adopted May 7, 1976; Resolution No. 524 adopted June 4, 1976; Resolution
No. 540 adopted August 12, 1977; Resolution No. 542 adopted October 21,
1977; Resolution No. 550 adopted April 7, 1978; and Resolution No. 553
adopted June 2, 1978; which resolutions are hereinafter collectively
referred to as "Declaratory Resolution "; and
WHEREAS Section 39.1 of the Act has been created and amended to
permit the creation of "allocation areas" within a blighted area and to
provide for the allocation and distribution, as provided in the Act, of the
proceeds of taxes levied on real property situated in an allocation area; and
WHEREAS this Commission deems it advisable to apply the provisions
of said Section 39.1 to the financing of the urban renewal plan described
in the Declaratory Resolution; and
WHEREAS it is necessary for that purpose to amend the Declaratory
Resolution:
NOW, THEREFORE, Be it Resolved by the City of South Bend
Redevelopment Commission, governing body of the Department as follows:
Section 1. The Declaratory Resolution shall be amended
by adding the o- flowing paragraphs thereto:
8. For purposes of the allocation provisions of
the Redevelopment of Cities and Towns Act of 1953,
as amended (Indiana Code 18-7-7) ( "Act ") , the
following areas of the blighted area described in
this Resolution shall be constituted an "Allocation
Area" for purposes of the Act and this Resolution:
Beginning at a point formed by the intersection of
the north right -of -way line of Colfax Avenue and the
west right -of -way line of Michigan Street; thence
south along the west right -of -way line of Michigan
Street to the north right -of -way line of Washington
Street; thence west along the north right -of -way line
of Washington Street to the west right -of -way line
of Main Street; thence south along the west right -of-
way line of Main Street to the south right -of -way
line of Wayne Street; thence east along the south
right -of -way line of Wayne Street to the east right -
of -way line of St. Joseph Street; thence north and
northwesterly along the east right -of -way line of
St. Joseph Street to the north right -of -way line of
Colfax Avenue; thence west along the north right -of-
way line of Colfax Avenue to the west right -of -way
line of Michigan Street which is the point of
beginning.
(See Attachment "A")
9. Such allocation area shall be designated "Central
Downtown Urban Renewal Allocation Area No. 1" (Allo-
cation Area No. 111).
10. Any taxes levied on real property in Allocation Area
No. 1 in 1980, for collection in 1981, and thereafter,
except as hereinafter provided, for the benefit of any
taxing unit entitled to a distribution thereof, shall be
allocated and distributed as provided in the allocation
and distribution provisions of the Act, and more particu-
larly as follows:
(a) the proceeds of such taxes attributable to
the lesser of (i) the assessed value of all such
property in Allocation Area No. 1 for the assess-
ment date with respect to which the allocation
and distribution is made or (ii) the assessed
value of all such property as finally determined
for the assessment date immediately preceeding
the effective date of these allocation provisions,
which assessment date is March 1, 1980, shall be
allocated to, and when collected shall be paid
into the funds of the respective taxing units
entitled to a distribution of such taxes;
(b) the proceeds of such taxes in excess of
those described in clause (a) above shall be
allocated to the Department, and when collected
shall be paid into a special fund hereinafter
created.
11. The proceeds of such taxes distributed to the
Department pursuant to paragraph 10(b) hereof shall
be deposited in a special fund designated "South Bend
Department of Redevelopment Downtown Urban Renewal
Allocation Area No. 1 Special Fund" ( "Special Fund "),
and may be used only as provided in the Act, and more
particularly (a) to pay principal of and interest on
any obligations issued by the Department for the purpose
of financing or refinancing the redevelopment of
Allocation Area No. 1, or (b) to reimburse the City
for expenditures made by it for public improvements in
Allocation Area No. 1, or for rentals paid by it for
a building or off - street parking facility in Allocation
Area No. 1 under any lease entered into pursuant to
Indiana Code 18- 5 -3.3. When money in the Special Fund
shall be sufficient to pay when due all principal of
and interest on obligations payable therefrom, any
excess over such amount shall be paid to the respective
taxing units entitled thereto in the manner provided
in paragraph 10(a) hereof, and thereafter the allocation
and distribution provided for in paragraph 10 hereof
shall be discontinued, and taxes on real property in
Allocation Area No. 1 shall thereafter be distributed
without regard to the provisions of Section 39.1 of
the Act.
12. The provisions of this Declaratory Resolution shall
be subject in all respects to the Act.
Section 2. This resolution, together with any supporting
data, shall be submitted to th- Plan Commission and the City Council of
the City as provided in Indiana Code 18- 7 -7 -13, and if approved by the Plan
Commission and City Council shall be submitted to public hearing and
remonstrance as provided by Indiana Code 18- 7 -7 -14, after public notice
as required by said section.
Section 3. All orders or resolutions in conflict herewith
are hereby repealed insofar as such conflict exists.
Adopted at a meeting of the South Bend Redevelopment Commission
held on June 6 , 1980, at the office of the Commission, 1200
County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana.
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CITY OF SOUTH BEND, INDIANA
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DEPARTMENT OF REDEVELOPMENT
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Redev o me Commission
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ATTEST:
Redevelopment Commission
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RESOLUTION NO. 52
RESOLUTION OF THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY, INDIANA DETERMINING THAT DE-
CLARATORY RESOLUTION NO. 615, AND CERTAIN
AMENDMENTS TO AN URBAN RENEWAL PLAN FOR INDIANA
R -66 AND THE DESIGNATION OF AN ALLOCATION AREA
AND ALLOCATION PLAN PURSUANT TO INDIANA CODE
18 -7 -7 -39.1 APPROVED AND ADOPTED BY THE CITY OF
SOUTH BEND REDEVELOPMENT COMMISSION CONFORMS TO
THE MASTER PLAN OF THE CITY OF SOUTH BEND, AND
APPROVING THAT RESOLUTION AND THE URBAN RENEWAL
PLAN AS AMENDED.
"WHEREAS, the City of South Bend Redevelopment Commission has
approved and adopted Declaratory Resolution 615 amending certain reso-
lutions declaring the Central Downtown Urban Renewal Area to be blighted
and approving an Urban Renewal Plan and conditions under which re-
location payments will be made for Project No. Indiana R -66 by desig-
nating certain areas to be allocation areas and approving an allocation
plan for the financing of the Urban Renewal Plan as provided for in
Indiana Code 18 -7 -7 -39.1 and has submitted said Resolution and Plan
to the Area Plan Commission of St. Joseph County for approval pursuant
to Indiana Code 18- 7 -7 -13, both of which are attached hereto and are
made a part hereof; and
WHEREAS, pursuant to the provisions of the Redevelopment of Cities
and Towns Act of 1953, as amended, (Indiana Code 18 -7 -7)( "Act ") the
Department of Redevelopment desires to designate certain areas of the
blighted area described in Resolution No. 615 as "allocation areas"
providing for the allocation and distribution of the proceeds of taxes
levied on real property included in said allocation area pursuant to
the provisions of Section 39.1 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of
St. Joseph County, Indiana as follows:
1. That the Urban Renewal Plan, as amended,"for the Central
Downtown Project conforms to the Master Plan of Development
for the City of South Bend.
2. That the Urban Renewal Plan, as amended, for the Central
Downtown Project is in all respects approved, ratified and
confirmed.
3. That Resolution No. 615 of the South Bend Redevelopment
Commission amending certain resolutions declaring the Central
Downtown Urban Renewal Area to be blighted and approving
an Urban Renewal Plan and conditions under which relocation
payments will be made for Project No. Indiana R -66 by desig-
nating certain portions of said blighted areas as allocation
areas and providing for an allocation plan pursuant to
Indiana Code 18 -7 -7 -39.1 is in all respects approved, ratified
and confirmed.
4. That the Secretary is hereby directed to file a copy of said
Declaratory Resolution and certain pages amending the Urban
Renewal Plan with the minutes of this meeting.
Passed by the Area Plan Commission of St. Joseph County, Indiana,
this 1'1 'T'M day of �—
ATTEST:
Richard S. Johnson
Secretary
Robert Lehman President
Area Plan Commission of
St. Joseph County, Indiana
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