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BILL NO. <br />ORDINANCE NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE <br />CITY TO ISSUE ONE OR MORE SERIES OF ITS TAXABLE <br />ECONOMIC DEVELOPMENT TAX INCREMENT <br />REVENUE BONDS AND APPROVING AND AUTHORIZING <br />OTHER ACTIONS IN RESPECT THERETO IN <br />CONNECTION WITH THE J.C. HART DEVELOPMENT <br />PROJECT <br />STATEMENT OF PURPOSE AND INTENT <br />Indiana Code 36-7-11.9 and 12 (collectively, the "Act") declares that the financing and <br />refinancing of economic development facilities constitutes a public purpose. <br />Pursuant to the Act, the City of South Bend, Indiana (the "City") is authorized to issue <br />revenue bonds for the purpose of financing, reimbursing or refinancing the costs of acquisition, <br />construction, renovation, installation and equipping of economic development facilities in order to <br />foster diversification of economic development and creation or retention of opportunities for <br />gainful employment in or near the City. <br />The South Bend Redevelopment Commission (the "Redevelopment Commission"), the <br />governing body of the South Bend Department of Redevelopment and the Redevelopment District <br />of the City (the "District"), exists and operates under the provisions of Indiana Code 36-7-14, as <br />amended from time to time (the "Redevelopment Act"). <br />The Redevelopment Commission has previously declared an area within the City as an <br />economic development area and known as the "River West Development Area" (the "Area") and <br />designated the Area as an allocation area in accordance with Section 39 of the Redevelopment Act <br />for the purposes of capturing ad valorem property taxes levied and collected on all taxable real <br />property from the incremental assessed value in such Area. <br />The City, the Redevelopment Commission and J.C. Hart Company, Inc. (together with any <br />affiliate thereof as permitted by the Development Agreement (as defined herein), collectively, the <br />"Developer"), have entered into an Economic Development Agreement, dated as of January 9, <br />2025 (the "Development Agreement"), whereby the Developer has agreed that the Developer will <br />undertake the development and construction of 2 buildings housing approximately 291 apartments <br />and an approximately 398 space structured garage (the "Project"). <br />The Redevelopment Commission on January 9, 2025, approved and adopted its Resolution <br />No. 3627 for the purpose of making additional amendments to the Area and its plan to designate <br />