5118-25 Resolution Approving a Certain Declaratory Resolution for the River West Development Area Adopted by the South Bend Redevelopment Commission

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BILL NO. 25-12 RESOLUTION NO. 5118-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE RIVER WEST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Redevelopment Commission"), the governing body of the South Bend Department of Redevelopment (the "Department")and the Redevelopment District of the City of South Bend, Indiana(the"District"), pursuant to Indiana Code 36-7-14, as amended (the "Act"), on January 9, 2025, approved and adopted its Resolution No. 3627 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a New Allocation Area and Related Matters" (the"Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Redevelopment Commission and the development plan (the "Plan") previously approved by the Redevelopment Commission in connection with the establishment and subsequent amendment of the River West Development Area (the "Area") and designation of the related allocation area (the "Allocation Area") to (i) designate an area, presently part of the Allocation Area and described at Exhibit A of the Amending Declaratory Resolution, as a separate allocation area to be known as the "Riverwalk Allocation Area"(the"Riverwalk Allocation Area") and(ii) amendment of the Plan to include the Riverwalk Allocation Area therein(clauses(i)and(ii),collectively,the"2025 Amendments");and WHEREAS, on January 21, 2025, the South Bend Plan Commission (the "Plan Commission") met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Amending Declaratory Resolution and the 2025 Amendments conform to the plan of development for the City of South Bend, Indiana (the "City"), and designated such resolution as the written order of the Plan Commission approving the Amending Declaratory Resolution and the 2025 Amendments, as required by Section 16 of the Act(the"Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Redevelopment Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the"Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Redevelopment Commission to proceed with the further development of the Area as a result of the 2025 Amendments; NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all respects. SECTION 2. The determination that the Riverwalk Allocation Area constitutes an economic development area under the Act is hereby approved pursuant to Section 15 of the Act. SECTION 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council. PASSED, by the Common Council of the City of South Bend, Indiana, this 10th day of February, 2025.