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from Commission funds prior to the issuance of the bonds with bond <br />proceeds, said expenditures to include legal, architectural, <br />engineering, surveys, appraisals, and supervisory expenses related to <br />the acquisition and redevelopment of property, the issuance of bonds <br />and related costs; <br />provided, however, that if future uses of property tax proceeds allocated to <br />the allocation fund are authorized or permitted by amendment to the Act, <br />including Ind. Code § 39- 7- 14 -39, after the effective date of this resolution, <br />those uses shall also be authorized or permitted for property tax proceeds <br />allocated hereby; and further provided that the allocation fund may not be <br />used for operating expenses of the Commission. <br />C. Inasmuch as a portion of the allocation area is located within an enterprise zone <br />created under Ind. Code § 4- 4- 4 -6.1, the provisions of Ind. Code § 36- 7- 14 -39(g) shall apply to the <br />use and allocation of proceeds in excess of those described in subsection B(1) of this Resolution. <br />D. When the funds are no longer need for the purposes permitted in subsection B, above, <br />moneys in the allocation fund in excess of that amount shall be paid to the respective taxing units <br />in the manner prescribed in Ind. Code § 36- 7- 14- 39(b)(1). <br />E. "Property taxes" and "property tax proceeds" as used in this resolution shall mean <br />taxes imposed on real property under Ind. Code § 6 -1.1. <br />F. This allocation provision shall expire no later than thirty (30) years after the date of <br />this resolution. <br />BE IT FURTHER RESOLVED that the Secretary is directed to file certified copies of this <br />Resolution with the St. Joseph County Auditor and the Portage Township Assessor. <br />BE IT FURTHER RESOLVED that the United States and HUD are assured of full <br />compliance by the Commission and the Department with HUD regulations effecting Title VI of the <br />Civil Rights Act of 1964, as amended. <br />BE IT FURTHER RESOLVED that this Resolution, together with supporting data, shall <br />be submitted to the Area Plan Commission of St. Joseph County and the Common Council of the <br />City of South Bend, as provided by Ind. Code § 36- 7- 14 -16, for their approval fo the Resolution and <br />Plan, and if approved by both parties, the Resolution and Plan shall be submitted to public hearing <br />for the receiving and hearing of remonstrances and objections from persons interested in or affected <br />by the proceedings as provided by Ind. Code § 36- 7- 14 -17, after public notice in accordance with <br />Ind. Code § 36- 7 -14 -17 and Ind. Code § 5 -3 -1 and for the final determination of the public utility <br />and benefit thereof. <br />-7- <br />