No. 1906 authorizing the publication of a public hearing to provide for the designation of a taxpayer pursuant to I.C. 36-7-14-39.3

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RESOLUTION NO. 1104 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT COMMISSION AUTHORIZING THE PUBLICATION OF A PUBLIC HEARING TO PROVIDE FOR THE DESIGNATION OF A TAXPAYER PURSUANT TO I.C. 36 -7 -14 -39.3 WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment (the "Department ") and the South Bend Redevelopment District (the "Redevelopment District "), exists and operates under Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City ") known as the Sample -Ewing Development Area to be a redevelopment area and an allocation area (the "Area ") for purposes of tax increment financing and established an allocation fund for said Area (the "Allocation Fund ") all pursuant to Resolution No. 1151 adopted by the Commission on April 16, 1993; and WHEREAS, Resolution No. 1151 and the Sample -Ewing Development Plan (the "Development Plan") adopted by Resolution No. 1151 on April 16, 1993, were modified and confirmed by Resolution No. 1154, adopted on May 21, 1993; and WHEREAS, the Commission, on December 17, 1993, adopted Resolution No. 1207, superseding Resolution No. 1151 and Resolution No. 1154, but ratifying all actions taken pursuant thereto, and declaring the Area to be blighted within the meaning of I.C. 36 -7 -14 ( "Act "); and WHEREAS, Resolution No. 1207 and the Plan adopted by Resolution No. 1207 on December 17, 1993, were modified and approved by Resolution No. 1222, adopted February 4, 1994; and WHEREAS, Resolution No. 1207 has been subsequently amended by the Commission since its adoption (Resolution No. 1207, as amended is referred to herein as the "Resolution "); and WHEREAS, the Commission desires to amend the Resolution to designate AJW South Bend Realty Corporation and The TJX Companies each as a "designated taxpayer" (collectively, the "Designated Taxpayer ") pursuant to Section 39.3 of the Act, making a finding that (i) taxes to be derived from the depreciable personal property of the Designated Taxpayer, in excess of the taxes attributable to the base assessed value of such personal property, are necessary to provide revenues to pay the debt service on bonds issued under Section 25.1 of the Act; and (ii) the property of the Designated Taxpayer in the Area will consist primarily of manufacturing, warehousing, processing, distribution or transportation- related projects and not retail, commercial or residential projects; and SBIMAN 1130766v 1