5021-23 Resolution for Professional Sports Convention Development (PSCD) Tax Area Expansion

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WHEREAS, after being fully advised in the matter, the Common Council finds this reaffirmation and restatement of the Resolutions to be in the best interest of the City of South Bend and its citizens. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA,THAT: SECTION I. Resolution No. 2519-97 (Exhibit 1 hereto) and Resolution No. 4517-21 (Exhibit 2 hereto) are hereby restated and reaffirmed consistent with the amendments contained in the Sections which follow, and the findings in the previous introductory paragraphs are fully incorporated herein. SECTION II. In addition to those areas that formed the original Professional Sports Convention Development Area(PSCD Tax Area)under Resolution No.2519-97, and as expanded by Resolution No. 4917-21 (the "Resolutions"), the 2023 amendments to Ind. Code 36-7-38.3-8 within SEA 326 contain criteria for inclusion of additional facilities within the boundaries of the City of South Bend Indiana at Ind. Code 36-7-38.3-8(0(4). To be added to the PSCD Tax Area, a facility within the City's boundaries must be: (A) owned by the city of South Bend through a board established under IC, 36-9-6; (B) titled in the name of the city of South Bend or an entity established to assist the city of South Bend or an entity to established to assist the city of South Bend to exercise its corporate powers-; . (C) occupied by the City of South Bend; and (D) used to exercise powers under IC, 36-1-4 to provide services pursuant to IC 36-4- 4-3, IC, 36-4-4-4, IC, 36-8-2 and IC 36-9-2. Facilities which satisfy the criteria listed in Section IC 36-7-38.3-8(f) (4) above, and which shall be added to the City of South Bend PSCD Tax area are listed on Exhibit 3 by abbreviated legal description, parcel numbers and tax identification numbers and consist of the City Hall which was purchased from the South Bend Community School Corporation, the Police Station, the Fire Stations, the Waste Water Treatment Plant, the Municipal Water Building, and the Equipment Services Building. SECTION III. The allocation provisions of IC, 36-7-31.3-10 (e) (2), (3), and (4) shall apply to the entire PSCD Tax Area comprised of the facilities and sites included in the Resolutions (Exhibits 1 and 2) together with those described in previous Section II (Exhibit 3), and such allocation provisions shall expire July 1, 2044. SECTION IV.The maximum amount of covered taxes that may be captured in the PSCD Tax Area described in this Resolution is ($5,000,000)per year, as per Ind. Code 36-7- 31.8-10(e), or as that statute may be amended hereafter. SECTION V. The use of the tax funds within the PSCD Tax Area shall be used for all purposes listed in IC 36-7-31-8-10 (e)which is incorporated by reference into this Section V. SECTION VI. If any terms of or conditions of this Resolution conflict with the Resolutions, and if reconciliation between the three resolutions is not possible, then the terms of this resolution shall control, and this resolution should be construed to be consistent with IC, 36- 7-31.3 as amended by SEA 326. SECTION VII.This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. )/(_716,. Sharon Mc de, Council President South Bend Common Council