Loading...
HomeMy WebLinkAboutNo. 2021 confirmatory resolution for NNDA ratifying/confirming res. No. 2016, declaring NNDA be blighted,establishing an allocation area for purposes of TIF[A [A 1042D335I RECORDED ON 01/23/2004 89:37:26AM TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC FEE: $27.00 PAGES: 10 RESOLUTION NO. 2021 A CONFIRMATORY RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA RATIFYING AND CONFIRMING RESOLUTION NO. 2016, DESIGNATING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA, DECLARING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA TO BE BLIGHTED, APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE, AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING WHEREAS, in accordance with Ind. Code § 36- 7 -14 -17 of the Redevelopment of Blighted Areas A ct o f 1981 ( "Act"), a s Amended and Supplemented, t he C ity o f S outh B end, Indiana Redevelopment Commission ( "Commission ") at its meeting of November 17, 2003 approved and adopted Resolution No. 2016 ( "Declaratory Resolution ") designating the area described below as the Northeast Neighborhood Development Area ( "Area "), declaring the Northeast Neighborhood Development Area to be blighted, approving the Northeast Neighborhood Development Area Development Plan ( "Development Plan"), approving conditions under which relocation payments will be made and establishing an allocation area for purposes of tax incremental financing: Beginning a t t he i ntersection o f t he c enterlines o f t he E ast R ace a nd L aSalle A venue; thence East along said centerline of LaSalle Avenue to a point 110 feet West of the West right -of -way line of Niles Avenue; thence North 159.25 feet; thence East 110 feet to the West right -of -way line of said Niles Avenue; thence Easterly to the Northwest corner of Lot 71 in the Original Town of Lowell; thence East along the North line of said Lot 71 to the centerline of the first North -South alley East of Niles Avenue; thence North along said centerline of said Alley to the centerline of Madison Street; thence East along said centerline to the centerline of Hill Street; thence South along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right -of -way line of Twyckenham Drive; thence North along said East right -of -way line to the Southwest corner of Lot 38 in Wooded Estates as shown in the Office of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the Southeast lines of Lots 38, 37 and 36 to the Southwesterly right -of -way line of White Oak Drive; thence Northeasterly to the Southwesterly corner of Lot 35 in said Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right -of -way line of Black Oak Drive; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West to the East property line of a parcel of land owned by Patrick and Josephine Simeri; thence North to the Northeast corner of said Simeri parcel; thence West along the North line of Simeri parcel to the Northwest corner of said Simeri parcel; thence South along the West line of said Simeri parcel to a point 208.71 feet North of the South line of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana; thence West parallel with said South line, a distance of 208.71 feet; thence North to the Northeast corner of the Jamison Inn Condominium; thence West along the North line of said Jamison Inn Condominium to the centerline of Ivy Road; thence South along said centerline to the South line of said Southeast Quarter of Section 31; thence West along said South line to the West right -of -way line of Vacated Ivy Road projected North; thence South along said vacated West right -of -way line projected North to the South right -of -way line of Edison Road; thence West along said South right -of -way line to the West right -of -way line of Twyckenham Drive as dedicated by the University of Notre Dame; thence Southerly and Southeasterly along said West right -of -way line to a point 200 feet measured at right angles to the Northwesterly right -of -way line of South Bend Avenue to a point on the existing Corp. Line; thence Southwesterly parallel with said South Bend Avenue along said Corp. Line; thence West along said Corp. Line to the centerline of Eddy Street; thence North along the said centerline to the centerline of Edison Road; thence Southwesterly and Westerly along said centerline and the centerline of Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the Recorder of St. Joseph County, Indiana projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest c orner o f said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon S treet; t hence W est a long s aid c enterline t o t he c enterline o f N iles A venue; thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to a point 120 feet West of the first North -South alley East of Niles Avenue projected North; thence South, to a point 150 feet South of the South right -of- way line of Corby Street; thence East parallel with said South right -of -way line to the West right -of -way line of said first North -South alley East of Niles Avenue; thence South along said West right -of -way line, a distance of 222 feet; thence Southwesterly, a distance of 260.82 feet; thence Northwesterly, a distance of 85 feet; thence Southwesterly, a distance of 222 feet to the Northeasterly right -of -way line of Niles Avenue; thence Northwesterly along said right -of -way line, a distance of 312 feet; thence Northeasterly, a distance of 199.95 feet; thence Northerly, a distance of 141.54 feet to a point 378.66 feet West of said first North -South alley East of Niles Avenue to a point on the South right -of- way line of Corby Street; thence West along said South right -of -way line and its projection West to the East shore of the St. Joseph River; thence Southerly along said East shore to the intersection with the centerline of the East Race; thence Southeasterly along said centerline to the place of beginning containing 616.0 acres more or less. (00� Page -2- WHEREAS, the Commission has heretofore submitted its Declaratory Resolution No. 2016 and the Development Plan to the Area Plan Commission of St. Joseph County for approval in accordance with the provisions of Ind. Code § 36- 7- 14 -16; and WHEREAS, at its regular meeting of November 18, 2003, the Area Plan Commission of St. Joseph County approved its Resolution No. 146 -03 which Resolution 146 -03 constituted the written order of the Area Plan Commission of St. Joseph County, Indiana approving Commission Declaratory Resolution No. 1916 and the Development Plan pursuant to Ind. Code § 36- 7- 14 -16; and WHEREAS, the Commission submitted to the South Bend Common Council, legislative body for the City of South Bend, St. Joseph County, Indiana, said Resolution No. 146 -03 constituting the Area Plan Commission's written order approving the Commission's Declaratory Resolution No. 2016 and the Development Plan and the Area Plan Commission's certification that the Development Plan conforms to the master plan of development for the City of South Bend; and WHEREAS, at its regular of November 24, 2003, the South Bend Common Council, adopted its Resolution No. 3271 -03 approving the order of the Area Plan Commission of St. Joseph County with regard to the Northeast Neighborhood Development Area and finding that the Area is blighted; and WHEREAS, after receipt of the written order of approval of the Area Plan Commission and approval of the South Bend Common Council, pursuant to Ind. Code § 36- 7- 14 -17, the Commission caused to be published a Notice of Public Hearing in accordance with Ind. Code § 5 -3 -1 in the South Bend Tribune and Tri- County News with such Notice advising of the adoption and substance of its Declaratory Resolution No. 2016, stating that maps and plats have been prepared and are available for inspection at the City of South Bend Department of Redevelopment, and naming Friday, December 19, 2003, at 10:00 a.m., Eastern Standard Time, in Room 1308 of the County -City Building, 13`h Floor, 227 West Jefferson Boulevard, South Bend, Indiana as the date, time and place of a Public Hearing at which time the Commission would receive and hear written remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project and to determine the public utility and benefit of the proposed project for the Northeast Neighborhood Development Area; and WHEREAS, a copy of the Notice of Public Hearing on the Northeast Neighborhood Development Area was filed in the Office of the Area Plan Commission of St. Joseph County, Indiana, the Board of Zoning Appeals, the Board of Public Works, the South Bend Board of Park Commissioners, the South Bend Building Commissioner, as well as any other departments, bodies, or officers of the unit having to do with unit planning, variances from zoning ordinances, land use, or the issuance of building permits; and Page -3- 14 WHEREAS, copies of the Notice of Public Hearing and an impact statement were delivered by first class mail or by hand delivery to the taxing unit wholly or partly located within the boundaries of said development area and tax allocation area in accordance with Ind. Code § 36- 4- 14 -17; and WHEREAS, at the Public Hearing held by the Commission on Friday, December 19, 2003, at 10:00 a.m., Eastern Standard Time, in Room 1308 of the County -City Building, 13`'' Floor, 227 West Jefferson Boulevard, South Bend, Indiana, the time and place so stated in the notice, the Commission heard all persons interested in or affected by the proceedings and received Zie" w ritten r emonstrances a nd o bj ections t hat h ad been filed; and WHEREAS, the Commission has now heard all persons who have expressed views or voiced any objections to its Declaratory Resolution No. 2016 proposing the establishment of the Northeast Neighborhood Development Area, it has considered their objections so voiced, and therefore, the Commission is prepared to take final action on said Declaratory Resolution No. 2016 creating the Northeast Neighborhood Development Area; and WHEREAS, the Commission, after careful consideration of the evidence presented, careful consideration of the comments and objections made at the Public Hearing and upon further review of the entire proceedings is prepared to find that the redevelopment of property in the blighted area referred to in its Declaratory Resolution No. 2016 proposing the establishment of the Northeast Neighborhood Development Area, as adopted by the Commission on November 17, 2003, is of public utility and benefit and that said Declaratory Resolution No. 2016 establishing the Northeast Neighborhood Development Area should be ratified, confirmed and approved without change, and that the real estate to be included in the Northeast Neighborhood Development Area is accurately described in the first "WHEREAS" clause above. NOW, THEREFORE, BE IT RESOLVED that the South Bend Redevelopment Commission, Governing Body of the City of South Bend Department of Redevelopment, now confirms that the area described in the first "WHEREAS" clause above is blighted and deteriorating, that such area constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants, and that the redevelopment of such area shown on the described maps and plats under the provisions of the Redevelopment of Blighted Areas Act of 1981 ( "Act "), as Amended and Supplemented (Ind. Code § 36 -7- 14-1 et seq.), will be of public utility and benefit. BE IT FURTHER RESOLVED that the proposed project and the plan of redevelopment as set forth in the Commission's Declaratory Resolution No. 2016, adopted by the South Bend Redevelopment Commission, Governing Body of the City of South Bend, Department of Redevelopment, on November 17, 2003, is of public utility Page -4- and benefit and said Declaratory Resolution is now hereby ratified, confirmed and approved. BE IT FURTHER RESOLVED, after careful consideration of the evidence submitted to the Commission, the Commission hereby adopts and confirms the following Findings of Fact for the Northeast Neighborhood Development Area: i. Based upon evidence submitted to the Commission, the Commission finds and determines that there is a substantial presence in the area designated as the Northeast Neighborhood Development Area ( "Area ") of excessive vacant land, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, deteriorating infrastructure and lack of infrastructure sufficient to support redevelopment of the Area. ii. The Commission further finds that the Area is blighted and constitutes a menace to the social and economic interest of the City of South Bend and its inhabitants, and it will be of public utility and benefit to acquire land within such Area and to redevelop it under the Act. iii. The assessed value of the real property of the Area when added to the assessed value of the real property located in all redevelopment areas does not exceed twenty percent (20 %) of the total assessed value of the real property located in the City of South Bend. iv. The Northeast Neighborhood Development Area Plan ( "Plan ") for the Area will result in the demolition and/or selective demolition and reuse of blighted structures. Alleviating this blight and its blighting influence is projected to be a catalyst to ongoing and future development in the area. V. The Plan for the Area delineates five (5) Sub -Areas to be known as (i) the Eddy Street Commercial Redevelopment Sub -Area (ii) the Georgiana- Talbot Residential Redevelopment Sub -Area; (iii) the Homeownership Preservation Sub -Area; (iv.) The St. Joseph Regional Medical Center Redevelopment Sub -Area; and (v) the Madison Center Campus Housing and Commercial Redevelopment Sub -Area. vi. The Plan for the Area cannot be achieved without the designation of the Area as a redevelopment area because of stagnated or depressed levels of private investment within the Area and because of the existence of blighted conditions as defined at Ind. Code § 36- 7 -1 -3. vii. The Plan for the Area will allow for the master - planned L� Page -5- development of multiple sites within the Area. The Area status will allow opportunities for the master planning of traffic circulation, infrastructure upgrades and development, residential conservation and redevelopment, commercial and open space development planning, landscaping and site design controls. viii. The Plan for the Area will complement public and private sector investment within the immediate neighborhood. ix. The public health and welfare will be benefitted by the accomplishment of the Plan within the Area. X. The Plan for the Area will provide the necessary redevelopment tools and facilitate the use of certain funding mechanisms to aid in the redevelopment of the area commonly known as Five Points, the junction of Corby Boulevard, Eddy Street and South Bend Avenue and the surrounding vicinity at the center of the Area. xi. The Plan for the Area will provide the necessary redevelopment tools and funding mechanisms to aid in the demolition and/or selective demolition and site preparation and remediation of certain existing residential and commercial sites within the Area. xii. The Plan for the Area will allow for the expansion and upgrade of public facilities and utilities within the Area. xiii. The Plan for the Area will allow for the planned acquisition of parcels of real property related to the expansion of public roadways and utility structures. xiv. The Plan for the Area conforms to other development and redevelopment plans for the City of South Bend and conforms to the comprehensive plan of the City of South Bend. xv. The Plan is reasonable and appropriate when considered in relation to the purpose of Chapter 14, Article 7, Title 39 of the Indiana Code. xvi. The Plan is in all respects approved, and the Secretary is directed to file a certified copy of the Plan with the minutes of this meeting and to record a certified copy of the Plan in the Office of the Recorder of St. Joseph County, Indiana. Page -6- C, Act: BE IT FURTHER RESOLVED that, pursuant to Ind. Code § 36- 7 -14 -39 of the A. For purposes of the allocation provisions of the Act, as authorized by Ind. Code § 36- 7- 14 -39, and as used in this Resolution for the purposes of distribution of real property taxes, the "allocation area" of the South Side Development Area, and which area is more more particularly described in the first "WHEREAS" clause above; and B. Any real property taxes hereinafter levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property within the allocation area be allocated and distributed as follows: (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 redevelopment district and, when collected, paid into an allocation fund for that allocation area that may be used by the redevelopment district only to do one (1) or more of the following: (A) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds which are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of the allocation area; (B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the allocation area; (C) Pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under Ind. Code § 36- 7- 14 -27; ILPage -7- (D) Pay the principal of and interest on bonds issued by the City of South Bend to pay for local public improvements in or serving the allocation area; (E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the allocation area; (F) Make payments on leases payable from allocated tax proceeds in the allocation area under Ind. Code § 36 -7- 14 -25.2; (G) Reimburse the City of South Bend for expenditures made by it for local public improvements which includes, but is not limited to, buildings, parking facilities, and other items described in Ind. Code § 36- 7- 14- 25.1(a) in or serving the allocation area; (H) Reimburse the City of South Bend for rentals paid by it for a building or parking facility in or serving the allocation area under any lease entered into under Ind. Code § 36 -1 -10; (I) Pay a 11 o r a portion o f a p roperty t ax replacement credit to taxpayers in an allocation area as determined by the Commission by separate resolution; (J) Pay expenses incurred by the Commission for local public improvements that are in the allocation area or are serving the allocation area (which includes buildings, parking facilities or other Page -8- • C. items described in Ind. Code § 36- 7- 14- 25.1(a)); (K) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located (i) within the allocation area; and (ii) on a parcel of real property that has been classified as industrial property under the rules of the state board of tax commissioners; (L) Reimburse the Commission for preliminary expenditures paid from Commission funds prior to the issuance of the bonds with bond proceeds, said expenditures to include legal, architectural, engineering, surveys, appraisals, and supervisory expenses related to the acquisition and redevelopment of property, the issuance of bonds and related costs; provided, however, that if future uses of property tax proceeds allocated to the allocation fund are authorized or permitted by amendment to the Act, including Ind. Code § 39- 7- 14 -39, after the effective date of this resolution, those uses shall also be authorized or permitted for property tax proceeds allocated hereby; and further provided that the allocation fund may not be used for operating r✓ expenses of the Commission. C. When the funds are no longer needed for the purposes permitted in subsection B, above, moneys in the allocation fund in excess of that amount shall be paid to the respective taxing units in the manner prescribed in Ind. Code § 36- 7- 14- 39(b)(1). D. "Property taxes" and "property tax proceeds" as used in this resolution shall mean taxes imposed on real property under Ind. Code § 6 -1.1. BE IT FURTHER RESOLVED that the Commission's Declaratory Resolution No. 1914, adopted by the South Bend Redevelopment Commission, Governing Body of the City of South Bend, Department of Redevelopment, on November 1, 2002 in accordance with the Act is hereby ratified, confirmed and approved without change. BE IT FURTHER RESOLVED that pursuant to Ind. Code § 36- 7- 14- 17(d), this Resolution constitutes a final action by the Commission determining the public utility and benefit of the proposed project and confirming its Declaratory Resolution No. 2016 pertaining to the Northeast Neighborhood Development Area. (W Page -9- 4 BE IT FURTHER RESOLVED that the Secretary is directed to record this Resolution No. No. 2021 pursuant to the requirements of Ind. Code § 36- 7- 14 -17(c) ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on December 19, 2003, at Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 SOUTH BEND REDEVELOPMENT COMMISSION IIn STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) President Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Robert W. Hunt and Philip J. Faccenda , known to me to b e President and — Secretary of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Resolution No. 2021. IN WITNESS WHEREOF, I have hereunto subscribed my name and official seal on the 19 day of December , 2003. PAMELA S MOMS NOTARY T JOSEPH COUNTY MY COMMISSION EXP. SEPT 24,201k Notary Public 1 Residing in St. Joseph County, IN My Commission Expires: September 24, 2010 FAHOME\CGREENE \WPData\NE Neighborhood Dev Area\Reso1utions\Res- Con1.wpPage —10— yy ••..;�.