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BILL NO. 23-24
<br /> RESOLUTION NO. 5021-23
<br /> A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br /> INDIANA, REINSTATING, REAFFIRMING AND AMENDING
<br /> RESOLUTION NOS. 2519-97 AND 4917-21 (" COLLECTIVELY RESOLUTIONS") TO
<br /> ADD SITES TO THE ESTABLISHED PROFESSIONAL SPORTS CONVENTION
<br /> DEVELOPMENT AREA (PSCDA), NAMELY THE NEW CITY HALL PURCHASED
<br /> FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION, THE POLICE
<br /> STATION, ALL FIRE STATIONS, THE MUNICIPAL WATER WORKS BUILDING,
<br /> THE WASTE WATER TREATMENT PLANT,AND THE EQUIPMENT SERVICES
<br /> BUILDING; AND TO EXTEND THE EXPIRATION DATE OF THE PSCDA FIRST
<br /> ESTABLISHED AND THEN EXPANDED BY THE RESOLUTIONS; TO MAKE
<br /> OTHER NECESSARY AND APPROPRIATE CHANGES TO THE RESOLUTIONS
<br /> WHEREAS, the Common Council of the City of South Bend, Indiana, (the "Common
<br /> Council") on October 27, 1997, applying then existing statutory authority under Ind. Code 36-7-
<br /> 31.3, approved a Resolution establishing a Professional Sports Convention Development Area
<br /> (PSCD Tax Area) within the boundaries of the City of South Bend, consisting of the following
<br /> specific sites: the College Football Hall of Fame; Century Center; Stanley Coveleski Stadium;
<br /> Morris Civic Auditorium/Palais Royale Ballroom; and the Studebaker National Museum, a copy
<br /> of which Resolution without exhibits is attached hereto as Exhibit A("Original Boundaries"); and
<br /> WHEREAS, Stanley Coveleski Stadium is now known as Four Winds Field at Stanley
<br /> Coveleski Stadium, and the Morris Civic Auditorium is now known as the Morris Performing Arts
<br /> Center; and
<br /> WHEREAS,Ind. Code 36-7-31.3-8,the enabling statute for a PSCD Tax Area("Enabling
<br /> Statute") originally identified the City of South Bend by population, i.e., as "a city having a
<br /> population of more than one hundred thousand,but less than one hundred ten thousand(110,000)."
<br /> It was amended by the Indiana General Assembly in 2021 to expressly identify South Bend by
<br /> name and included other specific sites which the South Bend Common Council was empowered
<br /> to add to the City's PSCDA after June 30, 2021. ("Eligible Boundaries"). The Eligible Boundaries
<br /> for PSCD Tax Area inclusion under Ind. Code 36-7-38.3-8(f) as amended in 2021 are comprised
<br /> of the Aloft Hotel, the Courtyard by Marriott South Bend, Downtown, the Doubletree Hotel,
<br /> Howard Park including its Community Center and the Howard Park Public House, and the campus
<br /> of Indiana University South Bend; and
<br /> WHEREAS,the Enabling Statute was further amended by the Indiana General Assembly
<br /> in 2023 through Senate Enrolled Act("SEA") 326 which authorizes inclusion within the Eligible
<br /> Boundaries of the new City Hall purchased from the South Bend Community Corporation, the
<br /> Police Station, all Fire Stations, the Waste Water Treatment Plant, the Municipal Water Works
<br /> Building, and the Equipment Services Building. (Original Boundaries, Eligible Boundaries and
<br /> Expanded Boundaries by SEA 326 are collectively hereafter referred to as ("Eligible
<br /> Boundaries")).
<br /> WHEREAS, SEA 326 increased the cap on eligible Revenues to be retained by the City
<br /> of South Bend from $ 2,000,000.00 Dollars per year to $ 5,000,000.00 per year and extended the
<br /> expiration date to collect Eligible Revenues from the PSCD Tax Area Eligible Boundaries to July
<br /> 1, 2044
<br /> WHEREAS, Resolution No. 2519-97 at Section III contained a stated expiration date of
<br /> December 31, 2027; however, pre-emptive Indiana State law appears to have resulted in an
<br /> expiration date prior to January 2021, necessitating formal reinstatement of Council's Resolution
<br /> No. 2519-97; and
<br /> WHEREAS, Ind. Code 36-7-31.3-10 (e) authorizes renewal through June 30, 2044 of the
<br /> PSCDA beginning after June 30, 2023, to include the Eligible Boundaries as established by the
<br /> Resolutions, plus the Eligible Boundaries authorized by Ind. Code 36-7-38.3-8(f) as amended by
<br /> SEA 326 and further identified in this Resolution; and
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