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RESOLUTION NO. 2591 <br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION <br />DETERMINING THAT THE TAX INCREMENT WHICH MAY BE COLLECTED IN <br />THE YEAR 2010 IS NEEDED TO SATISFY OBLIGATONS OF THE COMMISSION <br />AND THAT NO EXCESS ASSESSED VALUE MAY BE ALLOCATED TO THE <br />RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission"), <br />governing body of the South Bend, Indiana, Department of Redevelopment (the "Deparment") <br />and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment <br />District"), exists and operates under the provisions of IC 36-7-14, as amended from time to time <br />(the "Act"); and <br />WHEREAS, the Commission has previously adopted resolutions, which have been <br />amended from time to time, declaring the South Bend Central Development Area, the Northeast <br />Neighborhood Development Area, the South Side Development Area, the West Washington- <br />Chapin Development Area, the Airport Economic Development Area, and the Douglas Road <br />Economic Development Area to be economic development areas or redevelopment areas within <br />the meaning of the Act (the "Areas") and designated ten•itory within such Areas as allocation <br />areas (the "Allocation Areas") under Section 39 of the Act which Allocation Areas are listed at <br />Exhibit A attached hereto; and <br />WHEREAS, the Commission, in accordance with the Act. has previously established an <br />allocation fund for each of the Allocation Areas (the "Allocation Funds"): and <br />WHEREAS, 50 IAC 8 contains rules adopted by the Indiana State Board of Tax <br />Commissioners concerning tax increment finance (the "Regulations"); and <br />WHEREAS, Section 39 of the Act and 50 IAC 8-2-4 require the Commission to <br />detei7nine before July 15 of each year, whether the sum of the balance in the Allocation Funds <br />plus estimated future investment earnings on that balance is sufficient to satisfy obligations of <br />the Commission over the tei~lls of those obligations, and whether the capture of less than all of <br />the Potential Captured Assessment (as defined in the Regulations) will result in a balance in the <br />Allocation Funds in the following year that, when combined with future investment ea~7lings on <br />that balance and the resultant tax increment to be collected in the following year, will be <br />sufficient to satisfy the obligations of the Commission over the tei7n of those obligations; and <br />WHEREAS, Section 39 of the Act requires the Commission to provide to the St. Joseph <br />County Auditor, the Common Council, and the fiscal officers for each taxing unit located wholly <br />or partly within the respective Allocation Areas before July 15 of each year written notice of the <br />following: (i) the amount, if any. of excess assessed value that the Commission has determined <br />may be allocated to the respective taxing units, or (ii) state that the Commission has detel7nined <br />that there is no excess assessed value that may be allocated to the respective taxing units in the <br />manner prescribed in Section ~9 of the Act; <br />