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2 <br />WHEREAS, the City of South Bend Plan Commission, on November 18, 2024, <br />approved and adopted an Order (the “Plan Commission Order”) determining that the River West <br />Declaratory Resolution and the River West Plan conform to the plan of development for the City <br />and approved the River West Declaratory Resolution and the River West Plan; and <br />WHEREAS, pursuant to Section 16 of the Act, the Common Council of the City <br />(the “Common Council”), on November 25, 2024, adopted a resolution which approved the River <br />West Declaratory Resolution, the River West Plan and the Plan Commission Order; and <br />WHEREAS, the Commission caused to be published and delivered the notices <br />required by Section 17 and 17.5 of the Act, concerning the River West Declaratory Resolution and <br />the River West Plan; and <br />WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on <br />December 12, 2024 the Commission heard all persons interested in the proceedings and received <br />_________ written remonstrances that had filed and considered those written remonstrances that <br />were filed, if any, and all evidence presented; and <br />WHEREAS, subsequent to the adoption of the River West Declaratory Resolution <br />and prior to the approval of the Common Council, minor modifications to the language of the River <br />West Plan were made which modifications did not substantively change the activities described <br />therein; and <br />WHEREAS, the Commission now desires to take final action determining the <br />public utility and benefit of the River West Plan and the proposed development activities for the <br />River West Area, modifying and approving the River West Plan, and confirming the River West <br />Declaratory Resolution, in accordance with Section 17 of the Act; <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Commission, as follows: <br />1.After considering the evidence presented at the Public Hearing, the Commission <br />hereby confirms the findings and determinations, designations and approving and adopting actions <br />contained in the River West Declaratory Resolution. <br />2.After considering the evidence presented at the Public Hearing, the Commission <br />hereby finds and determines that it will be of public utility and benefit to proceed with the proposed <br />activities set forth in the River West Plan, and the River West Plan, as modified as described above, <br />is hereby approved in all respects. <br />3.The Commission hereby specifically finds and determines, based on its review of <br />the River West Area and its reasonable expectations relating to expected growth of assessed value <br />in the River West Area, that the adoption of the allocation provision with respect to the Expansion <br />Area will result in new property taxes in the River West Area that would not have been generated <br />but for the adoption of the allocation provision. <br />4.The River West Declaratory Resolution is hereby confirmed. <br />5.This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by <br />the Commission determining the public utility and benefit of the River West Plan and the proposed