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1. The Commission hereby determines that for tax year payable 2012, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act because the Commission hereby finds that the sum of the balances in the Allocation Fund, when combined with future investment earnings on such balances will be sufficient to satisfy the obligations of the Commission over the year 2012, and that therefore the Potential Captured Assessment for the Allocation Area in tax year payable 2012 shall not be treated as Captured Assessment (as defined in the Regulations). In making this determination, the Commission has considered the effect that such determination will have on the property tax rate in the Redevelopment District. 2. This determination for 2012 shall not be construed to affect any future determination of the Commission with respect to the capture of Potential Captured Assessment in the years following 2012. 3. The President or Vice President of the Commission is hereby authorized and directed to immediately notify or cause to be notified the St. Joseph County Auditor, the Common Council and the officers who are authorized to fix budgets, tax rates, and tax levies under Indiana Code 6- 1.1 -17 -5 for each of the other taxing units wholly or partly located within the Allocation Area of the determinations made herein by the Commission, through the use of a letter in such form as may be recommended by legal counsel, such approval to be conclusively evidenced by the execution of said letter.