Loading...
HomeMy WebLinkAboutNo. 2199 designating and declaring douglas road EDA, approving EDA plan and establishing an allocation area for purpose of tax incremental financingRESOLUTION NO, 2199 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DESIGNATING AND DECLARING THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA, APPROVING AN ECONOMIC DEVELOPMENT PLAN, AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING WHEREAS, the South Bend Redevelopment Commission ("Commission") is the governing body of the South Bend, Indiana Department of Redevelopment ("Department") and exists and operates under the provisions of the Redevelopment of Blighted Areas Act of 1981, Indiana Code § 36-7-14-1, et seq., as amended and Supplemented from time-to-time- ("Redevelopment Act"); and WHEREAS, the Commission, in accordance with the duties granted Linder authority of the Act, has conducted surveys, made investigations of areas within the City I of South Bend that would attract private development, promoting significant job opportunities within the City of South Bend, Indiana and the causes which would prevent such development from occurring; and 40 WHEREAS, such investigations, studies and surveys have been made in cooperation with the various departments and bodies of the City and have been directed toward determining the proper use of land and improvements thereon so as to best serve the interests of the City and its inhabitants, both from the standpoint of human needs and economic welfare and in a manner that will best accomplish the purposes of the Redevelopment Act; and WHEREAS, as a result of such investigations, studies and surveys, the Commission has found that development of the area described herein will attract private development and provide significant job opportunities for the citizens of the City of South Bend; and WHEREAS, the Corrin-iission has found the following described area in the City of South Bend, Indiana ("Area") to be lacking in adequate public improvements to such an extent that such conditions cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Redevelopment Act, and which Area is bounded and described as follows: That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32, both being in Township 38 North, Range 3 East, Clay Township, City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at the Southwest comer of the Plat of "Eclipse Douglas Road Minor Subdivision" as Recorded by Document No. 0525591 in the Records of the St. Joseph County, Indiana Recorder's Res2l 199—SBRC—Declai-atory.051202.doc Office, thence along the boundary of said Plat for the next three (3) courses, N. 00'-22'-23" E., 386.03 feet and S. 901-00'-00" E., 995.85 feet and S. 00'-24'-09" W., 385.95 feet to the Centerline of Douglas Road and the North line of the Plat of "LaFree's Douglas Road Minor Subdivision" as Recorded by Document No. 0438848 in the Records of said Recorder's Office; thence S. 901-00'-00" E. along said Centerline and North line, 131.95 feet to the Northeast corner of said Plat; thence S. 00'-16'-07" W. along the East line of said Plat, 782.00 feet to a point on the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as recorded in the Records of said Recorder's Office; thence along the Boundary of said Plat for the next twelve (12) courses, N. 89'-52'-15" E., 200.51 feet and S. 000-19'-34" W., 567.55 feet and S. 89'-55'-55" W., 454.13 feet and N. 000-18'-07" E., 300.32 feet and N. 831-31'-41" W., 364.78 feet and N. 00--08'-39" E., 226.95 feet and N. 89'-57'-12" W., 509.91 feet and N. 000-31'-07" W., 287.09 feet and N. 89'-44'-18" E., 134.10 feet and N. 010-07'-30" E., 243.39 feet and N. 89'-52'-54" E., 187.70 feet and N. 000-14'-52" E., 199.71 feet to the South Right-of-way line of Douglas Road; thence S. 89'-57'-53" W. (Record, West) along said South line, 324.33 feet more or less to a point on the West line of the East half of the Northeast Quarter of said Section 32; thence N. 00 °- 31' -07" E. along said West line, 20.00 feet more or less to the Point of Beginning. WHEREAS, the public health, safety and welfare would be benefited by the development of the Area in accordance with the provisions of the Redevelopment Act; and WHEREAS, the Commission has caused to be prepared maps and plats showing the boundaries of the Area, the location of various parcels of property, streets, alleys, and other features affecting the development of the Area and the portions of the Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes; and WHEREAS, there was presented to the December 2, 2005 public meeting of the Commission for its consideration and approval, a copy of the Economic Development Plan for the Area consisting of _ pages with attachments, a copy of which is attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, the Commission has, at a meeting open to the public, heard and received evidence, reviewed the maps, plats and surveys as presented and considered same; and WHEREAS, Section 43 of the Redevelopment Act provides that an economic development area may be an allocation area for the purposes of distribution and allocation of property taxes levied on real property within a designated allocation area; and Res2l99—SBRC—Declaratoi-y.051202.doc 2 • 4 WHEREAS, Section 39 of the Redevelopment Act pennits the Commission to create an allocation area as part of its declaratory resolution establishing an economic development area and the Commission deems it advisable to create an allocation area within and coterminous with the Area described in the fifth WHEREAS clause above; and NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that in all proceedings related to the development of the Area described in the fifth. WHEREAS clause above shall be hereinafter referred to as the "Douglas Road Economic Development Area". BE IT FURTHER RESOLVED that the Commission now declares the Douglas Road Economic Development Area to be lacking in adequate public improvements to facilitate private development and is a detriment to the social and economic interests of the City Of South Bend and its inhabitants and that the development of the Douglas Road Economic Development Area in accordance with the Economic Development Plan and the Redevelopment Act will be of public utility and benefit. 0 BE IT FURTHER RESOLVED that the Commission makes the following Endings: (I). The Economic Development Plan for the Douglas Road Economic Development Area attached hereto and incorporated herein as Exhibit "All ("Economic Development Plan") will promote significant opportunities for the gainful employment of the citizens of the City of South Bend. (2). The Economic Development Plan will attract new business enterprise to the City of South Bend. (3). The Economic Development Plan cannot be achieved without designating the area described in the fifth WHEREAS clause above as an economic development area in accordance with the provisions of the Redevelopment Act as set forth at Ind. Code §36-7-14 et seq. because of the lack of local public improvements, including improvements to Douglas Road, and local water and sewer service and the lack of development of major portions of said area. (4). The ordinary operation of private enterprise and regulatory processes in the Douglas Road Economic Development Area have failed to correct the conditions noted above. (5). The public health and welfare will be benefited by accomplishment of the is Economic Development Plan for the Douglas Road Economic Development Area. Res2199—SB RC—Declaratory.051202.dac 3 E (6). The accomplishment of the Economic Development Plan for the Douglas Road Economic Development Area will be of public utility and benefit because its implementation will result in the attraction of jobs, an increase in the property tax base and the improvement of the local transportation network. (7). The Economic Development Plan of for the Douglas Road Economic Development Area conforms to other development and redevelopment plans for the City of South Bend. BE IT FURTHER RESOLVED that the Economic Development Plan for the Douglas Road Economic Development Area dated December 2, 2005 attached hereto as Exhibit "A" is hereby approved. BE IT FURTHER RESOLVED by the South Bend Redevelopment Commission pursuant to Section 39 of the Redevelopment Act, as amended and supplemented, concerning the establishment of an allocation area for purposes of tax incremental financing, that: (A). As used in this Resolution for the purposes of the distribution and allocation of real property taxes, "Allocation Area" means all of that area described in the fifth WHEREAS clause of this declaratory Resolution and that such Allocation Area shall be designated as the "Douglas Road Economic Development Area, Allocation Area No. I" ("Allocation Area No. 1). (B) Any real property taxes hereinafter levied (1) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of- (a) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or (b) the base assessed value; shall be allocated to and, when collected, paid into the funds of the respective taxing units. (2) Except as otherwise provided in this section, property tax proceeds in excess of those described in subdivision (1) shall be allocated to the economic development district and, when collected, paid into an allocation fund for Allocation Area No. I that may be used by the economic development district only to do one (1) or more of the following: Res2199—S B RC—Dec laratory.0512 02.doe 4 • (a) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds which are incurred by the economic development district for the purpose of financing or refinancing the redevelopment of Allocation Area No. 1. (b) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in Allocation Area No. 1. (c) Pay the principal of and interest on bonds payable from allocated tax proceeds in Allocation Area No. I and from the special tax levied under T.C. 36-7-14-27. (d) Pay the principal of and interest on bonds issued by the unit to pay for local public improvements in or serving Allocation Area No. 1. (e) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in Allocation Area No. 1. (f) Make payrnents on leases payable from allocated tax proceeds in Allocation Area No. I under I.C. 36-7-14-25.2. (g) Reimburse the unit for expenditures made by it for local public improvements (which include buildings, parking facilities, and other items described in I.C. 36-7-14-25.1(a) in or serving Allocation Area No. 1. (h) Reimburse the unit for rentals paid by it for a building or parking facility in or serving Allocation Area No. I under any lease entered into pursuant to IC 36 -1 -10. (i) Pay all or a part of a property tax replacement credit to taxpayers in Allocation Area No. 1 as determined by the Commission. 0) Pay expenses incurred by the Commission for local public improvements that are in, Allocation Area No. I or serving Allocation Area No. 1. Public improvements include buildings, parking facilities, and other items described in I.C. 36 -7 -14- 25.1(x). Res2199—SBRC—Declai-atory,051202.doc 5 (k) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located: (i) in Allocation Area No. 1; and (ii) on a parcel of real property that has been classified as industrial property under the rules of the department of local government finance. (C). When the monies in the allocation fund are sufficient to pay when due all principal and interest on bonds described herein, and is not needed for the other purposes stated herein, monies in Allocation Area No. I shall be paid the respective taxing units in the manner provided in subdivision (1) of this section. (D). This allocation provision shall expire no later than thirty (30) years after the date of this Resolution, provided, however that if bonds or other obligations that were scheduled when issued to mature before the specified expiration date and that are payable only from allocated tax proceeds with respect to Allocation Area No. I remain outstanding as of the expiration date, the allocation provision does not expire until all of the bonds or other obligations are no longer outstanding in accordance with I.C. 36-7-14-39(b)- BE IT FURTHER RESOLVED that a copy of this Declaratory Resolution together with the Economic Development Plan and supporting data be submitted to the Area Plan Commission of St. Joseph County for examination by that body and its determination as to whether this Declaratory Resolution and the Economic Development Plan conform to the master plan of development for the City of South Bend and for the Area Plan Commission's written order approving or disapproving this Declaratory Resolution and the Development Plan. BE IT FURTHER RESOLVED if an approving order is issued by the Area Plan Commission of St. Joseph County that same shall be transmitted to the Common Council of the City of South Bend for its approval, as provided by Ind. Code § 36-7-14-16. BE IT FURTHER RESOLVED that upon receipt of the written order of approval of the Area Plan Commission of St. Joseph County and approval of the Common Council of the City of South Bend, a notice shall be published in accordance with the requirements of I.C. 36-7-14-17 and I.C. 5-3-1 fixing a date for the receiving and hearing of remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project and for the final determination of the public utility and benefit thereof. ReS2 199S B RC—Ded aratory. 051202.doc 6 E ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on December 2, 2002, at Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Signature Marcia I. Jones, President Plinted Name any Tit 7e- ATTEST: ,,- Signature 41-� Gregory S. Downes, Secretary Pruned Name and lit le South Bend Redevelopment Commission Res2199—SBRC—Declaratory.051202.doe 7 0 19 0 0) low C-3 0 rn tn M0 En :0 ky =:0 Ln -0 M M WO-3 W 0= (W M C: r- I%j Pq M S t"I tv Ln c) 10 0 19 0 0)