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HomeMy WebLinkAboutNo. 1908 amending the declaratory resolution for the SEDAN RESOLUTION NO. 1908 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT COMMISSION AMENDING THE DECLARATORY RESOLUTION FOR THE SAMPLE -EWING DEVELOPMENT AREA 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 was further amended by Resolution No. 1283, adopted August 19, 1994; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1294, adopted November 4, 1994; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1305, adopted January 4, 1995; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1342, adopted May 19, 1995; and SBIMAN 1 132111 v 1 WHEREAS, Resolution No. 1207 was further amended by Substitute Resolution No. 1423, adopted May 3, 1996; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1550, adopted November 21, 1997; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1574, adopted February 20, 1998; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1741, adopted March 3, 2000; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1749, adopted May 19, 2000; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1795, adopted October 20, 2000; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1831, adopted April 20, 2000; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1839, adopted July 21, 2001; and WHEREAS, Resolution No. 1207 was further amended by Substitute Resolution No. 1876, adopted March 28, 2002; and WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1880, adopted April 15, 2002; 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 "Declaratory Resolution "); and WHEREAS, the Commission has determined that it is necessary to amend the Declaratory Resolution to designate AJW South Bend Realty Corporation and The TJX Companies each as a "designated taxpayer" pursuant to Section 39.3 of the Act (the "Amendment "); and WHEREAS, pursuant to Section 17.5 of the Act, the Commission caused to be published in accordance with Indiana Code 5 -3 -1 on August 23, 2002, a "Notice of Public Hearing Regarding the Amendment of the Declaratory Resolution Previously Adopted by the South Bend Redevelopment Commission for the Sample -Ewing Development Area;" and WHEREAS, at a public hearing held on September 6, 2002, the Commission heard all persons who had filed written remonstrances against the proposed amendment to the Declaratory Resolution, and considered those remonstrances, if any, and such other evidence presented; and SBIMAN1 132111v1 - 2 - WHEREAS, the Commission now desires to amend the Declaratory Resolution in accordance with Section 17.5 of the Act; NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. After considering the evidence presented at the hearing on the 6`h day of September, 2002, the Commission hereby designates AJW South Bend Realty Corporation and The TJX Companies each as a "designated taxpayer" for purposes of Section 39.3 of the Act (the "Designated Taxpayer ") and hereby finds 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. 2. The Commission hereby amends the Declaratory Resolution to provide that in addition to the allocation of taxes provided for in the Declaratory Resolution, any property taxes levied on the personal property of each Designated Taxpayer located in the Area in 2002 for collection in 2003, and thereafter, except as otherwise provided in Section 39 of the Act, by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the Area shall be allocated and distributed as set forth in the Declaratory Resolution. 3. The Commission finds that the Amendment is reasonable and appropriate when considered in relation to the Declaratory Resolution and the Plan and purposes of I.C. 36- 7 -14. 4. The Commission finds that the Declaratory Resolution, with the proposed Amendment, conforms to the comprehensive plan of the City. 5. The Declaratory Resolution is amended to include the Amendment, and is hereby in all respects approved. 6. The Secretary is hereby directed to file a certified copy of this resolution with the minutes of this meeting. 7. The Secretary is directed to cause the recording of this resolution pursuant to the requirements of I.C. 36- 7- 14- 17.5(g). 8. All other findings, determinations, and conclusions in the Declaratory Resolution shall remain as stated therein. SBIMANI 132111A - 3 - Adopted at a meeting of the South Bend Redevelopment Commission held on September 6, 2002, at 227 West Jefferson, 13th Floor, County -City Building, South Bend, Indiana. ATTEST: 1111 0111- -.9 h W M I WFAA . 0 SBIMANI 132111v1 - 4 - SOUTH BEND REDEVELOPMENT COMMISSION President