HomeMy WebLinkAboutNo. 1906 authorizing the publication of a public hearing to provide for the designation of a taxpayer pursuant to I.C. 36-7-14-39.3RESOLUTION NO. 1104
RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA,
REDEVELOPMENT COMMISSION AUTHORIZING THE
PUBLICATION OF A PUBLIC HEARING TO PROVIDE FOR THE
DESIGNATION OF A TAXPAYER PURSUANT TO I.C. 36 -7 -14 -39.3
WHEREAS, the South Bend Redevelopment Commission (the "Commission "),
the governing body of the South Bend Department of Redevelopment (the "Department ") and the
South Bend Redevelopment District (the "Redevelopment District "), exists and operates under
Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and
WHEREAS, the Commission has previously designated and declared an area in
the City of South Bend, Indiana (the "City ") known as the Sample -Ewing Development Area to
be a redevelopment area and an allocation area (the "Area ") for purposes of tax increment
financing and established an allocation fund for said Area (the "Allocation Fund ") all pursuant to
Resolution No. 1151 adopted by the Commission on April 16, 1993; and
WHEREAS, Resolution No. 1151 and the Sample -Ewing Development Plan (the
"Development Plan") adopted by Resolution No. 1151 on April 16, 1993, were modified and
confirmed by Resolution No. 1154, adopted on May 21, 1993; and
WHEREAS, the Commission, on December 17, 1993, adopted Resolution No.
1207, superseding Resolution No. 1151 and Resolution No. 1154, but ratifying all actions taken
pursuant thereto, and declaring the Area to be blighted within the meaning of I.C. 36 -7 -14
( "Act "); and
WHEREAS, Resolution No. 1207 and the Plan adopted by Resolution No. 1207
on December 17, 1993, were modified and approved by Resolution No. 1222, adopted February
4, 1994; and
WHEREAS, Resolution No. 1207 has been subsequently amended by the
Commission since its adoption (Resolution No. 1207, as amended is referred to herein as the
"Resolution "); and
WHEREAS, the Commission desires to amend the Resolution to designate AJW
South Bend Realty Corporation and The TJX Companies each as a "designated taxpayer"
(collectively, the "Designated Taxpayer ") pursuant to Section 39.3 of the Act, making a finding
that (i) taxes to be derived from the depreciable personal property of the Designated Taxpayer, in
excess of the taxes attributable to the base assessed value of such personal property, are
necessary to provide revenues to pay the debt service on bonds issued under Section 25.1 of the
Act; and (ii) the property of the Designated Taxpayer in the Area will consist primarily of
manufacturing, warehousing, processing, distribution or transportation- related projects and not
retail, commercial or residential projects; and
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WHEREAS, the Commission and the City have entered into a "Contract for Sale
of Land for Private Redevelopment" (the "Contract ") with AJW South Bend Realty Corporation
and The TJX Companies to provide for the location of a warehousing and distribution center (the
"TJX Project ") in the general vicinity of Sample and Olive Streets in the City (the "TJX Site ");
and
WHEREAS, the TJX Project will ultimately result in the creation of
approximately 850 jobs with an estimated annual payroll of Thirty Million and 00 /100 Dollars
($30,000,000.00); and
WHEREAS, the Commission has agreed in the Contract to undertake certain local
public improvements to accommodate the location of the TJX Project in the Area, such local
public improvements including without limitation property acquisition, demolition and removal
of existing buildings and environmental remediation and related redevelopment and economic
development activities at and around the TJX Site (collectively, the "Project "); and
WHEREAS, to amend the Resolution, the Commission must comply with the
notice provisions of Section 14- 17.5(a) of the Act; and
WHEREAS, the Commission desires to authorize publication of a notice of public
hearing to be held on Friday, September 6, 2002; and
NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
SECTION 1. The Commission hereby authorizes the publication of a notice of
public hearing on the amendment of the Resolution. The Commission hereby schedules the
public hearing on the amendment of the Resolution to be held on September 6, 2002, at 10:00
a.m. (local time) in Room 1308 located on the thirteenth (13th) floor of the County -City
Building, 227 West Jefferson Boulevard, South Bend, Indiana.
SECTION 2. This Resolution shall be in full force and effect after its adoption
by the Commission and shall not be repealed or amended in any manner which would serve to
adversely affect the publication of a notice of public hearing contained herein
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ADOPTED at a meeting of the South Bend Redevelopment Commission held on
the 16th day of August, 2002, at 1308 County -City Building, 227 West Jefferson Boulevard,
South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
President
/ATTEST:
v
Vice �sesiden
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