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RESOLUTION NO. 1174 <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT <br />COMMISSION DETERMINING TO PAY CERTAIN EXPENSES <br />INCURRED FOR LOCAL PUBLIC IMPROVEMENTS IN OR <br />SERVING THE SAMPLE -EWING ALLOCATION AREA <br />(SOUTH BEND ALLOCATION AREA NO. 8) FROM THE <br />SAMPLE -EWING ALLOCATION AREA (SOUTH BEND <br />ALLOCATION AREA NO. 8) SPECIAL FUND <br />WHEREAS, the South Bend Redevelopment Commission <br />( "Commission "), governing body of the City of South Bend <br />Department of Redevelopment ( "Department "), on April 16, 1993, <br />adopted Resolution No. 1151 declaring the Sample -Ewing <br />Development Area (the "Area ") to be a blighted area within the <br />meaning of IC 36 -7 -14 (the "Act "); and <br />WHEREAS, Resolution No. 1151 and the Sample -Ewing <br />Development Area Plan were confirmed by Resolution No. 1154 <br />adopted on May 21, 1993; and <br />WHEREAS, the Commission previously purchased a property (the <br />"Real Estate ") in the Studebaker Corridor (which is now part of <br />the Area) and at the time of purchase the previous owner of the <br />Real Estate founded established an Escrow Account (the " Excrow <br />Account ") with Abstract and Title Corporation of South Bend (the <br />"Escrow Agent ") in the amount of $45,000.00 (the "Escrow Fund ") <br />to cover the costs of services related to the remediation of <br />environmental conditions existing at or upon the Real Estate; and <br />WHEREAS, the Commission has incurred costs in remediating <br />environmental conditions existing at or upon the Real Estate and <br />has received proceeds from the Escrow Account and has deposited <br />them in the Redevelopment General Fund; and <br />WHEREAS, in furtherance of its efforts to redevelop the <br />Studebaker Corridor Development Area (now a part of the Area), <br />the Commission in 1990 issued bonds in the approximate amount of <br />$4,900,000.00 with the proceeds thereof to be used for property <br />acquisition and redevelopment; and <br />WHEREAS, the Commission desires to pay expenses incurred by <br />it for local public improvements that are in or serving the Area <br />with the proceeds received from the Escrow Account; and <br />WHEREAS, the Commission desires to approve said payments <br />from the Redevelopment General Fund in the total amount as <br />described on Exhibit "A"; and <br />WHEREAS, such payments will be used for purposes consistent <br />with the purposes for which the Bonds were issued; and <br />WHEREAS, the proposed payment from the Redevelopment General <br />Fund as provided for herein is not for the operating expenses of <br />the Commission. <br />NOW, THEREFORE, BE IT RESOLVED, by the South Bend <br />Redevelopment Commission, governing body of the City of South <br />Bend, Department of Redevelopment, as follows: <br />1. The Commission hereby approves the use of funds in the <br />Allocation Fund in the amount of Forty -one Thousand, Six Hundred <br />Sixty -one Dollars and Seventy -five Cents ($41,661.75) for <br />purposes of paying the expenditures as described on Exhibit "A ". <br />The Secretary of the Commission is hereby authorized and directed <br />to take all necessary steps to obtain the approval of the <br />expenditure of such funds pursuant to IC 6- 1.1 -18 -5, including <br />the publication in accordance with IC 5 -3 -1 of notice of a <br />hearing on the appropriation of such funds to be held at 10:00 <br />