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HomeMy WebLinkAboutNo. 0801 redeclaring the Studebaker Corridor Development Area to be blighted for the purposes of compliance with the Tax Reform Act of 1986, � x RESOLUTION NO. 801 RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REDECLARING THE IL STUDEBAKER CORRIDOR DEVELOPMENT AREA TO BE BLIGHTED FOR THE PURPOSES OF COMPLIANCE WITH THE TAX REFORM ACT OF 1986 WHEREAS, the South Bend Redevelopment Commission (Commission), governing body of the City of South Bend Department of Redevelopment (Department), on January 10, 1986, adopted Resolution No. 762 declaring the following area named by the Commission the Studebaker Corridor Development Area (Area), to be a blighted area within the meaning of I.C. 36 -7 -14 (Act): A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the intersection of the centerline of Prairie Ave. and the northerly right -of -way line of the New York Central Railroad; thence, southeasterly along said line to the southeast dft corner of Lot #20 in the recorded plat of "Martin & Tutt's Addition to the City of South Bend "; as recorded in the records of said county; thence, southeasterly to the southwest corner of Lot #12 in said plat; thence, east along the line between Lots 12 & 13 in said plat to the centerline of a north -south alley lying between Main and Michigan Streets; thence, south along said centerline to the centerline of the first alley north of Tutt Street; thence, east along said line 35.00 ft. to the centerline of the first alley west of Michigan Street; thence, south to the centerline of Sample Street; thence, west along said centerline to the alley lying between Michigan and Main Streets; thence, south along said line to the centerline of Indiana Street; thence, west along said line to the centerline of Franklin Street; thence, north along said line to the centerline of the South Bend & St. Joseph Railroad; thence, west along said line to the centerline of Kendall Street; thence, north along said line to the centerline of Cotter Street; thence, west along said line to the centerline of Prairie Ave.; thence northeasterly along said line to the centerline of Chapin Street as shown on the recorded plat of "Inter Belt Industrial Park" as recorded in Book 21 of plats on Page 1 in the records of said county; thence, north along said line to the centerline of Prairie Ave. as shown on said plat; thence, east along said line 363.11 ft. to a point of curvature; thence around a 286.48 ft. radius curve to the left an arc distance of 302.26 ft. to a point of tangent; thence, northeasterly along said centerline to the point of beginning. WHEREAS, Resolution No. 762 and the Studebaker Corridor Development Area Development Plan (Development Plan) adopted by Declaratory Resolution No. 762 on January 10, 1985, was confirmed by Resolution No. 764 adopted on February 14, 1987; and WHEREAS, the Department has once again conducted surveys and investigations and thoroughly studied the Area; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show boundaries of the Area, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of the property to be excluded from acquisition and the parts of the Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under Development Plan. WHEREAS, the Tax Reform Act of 1986, includes certain requirements which must be met in order to qualify interest on obligations of redevelopment districts for exemption from federal income taxation; and WHEREAS, the Commission finds it desirable and necessary to further amend the Declaratory Resolution No. 762 in order to redesignate the Area as blighted in order to conform with requirements of the Tax Reform Act of 1986. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, as follows: 1. Based on evidence now submitted to the Commission, the Commission finds and determines that there is a substantial presence in the Area of excessive vacant land on which structures were located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes. 2. The Area continues to be blighted and to constitute 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. 3. The Area consists of two hundred twenty (220) acres and is contiguous and compact. 4. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or part of the redevelopment within the Area, the use of the proceeds of such bond issue shall be limited as required by Section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). 5. The assessed value of real property in 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. 6. The Commission hereby readopts the Development Plan as previously amended and directs the Secretary to file a certified copy of the Development Plan, as amended, with the minutes of this meeting. 7. All other findings, determinations, and conclusions in Resolution No. 762 shall remain as stated therein. 8. This Resolution, together with supporting data, shall be submitted to the Area Plan Commission of St. Joseph County and the Common Council of the City of South Bend, as provided OPA by I.C. 36- 7- 14 -16, for the approval of the Resolution and the Development Plan, as previously amended and if approved by both bodies, the Resolution and the amended Development Plan shall be submitted to public hearing and remonstrance as provided by I.C. 36- 7- 14 -17, after public notice in accordance with I.C. 36- 7 -14 -17 and I.C. 5 -3 -1. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed insofar as such exists. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offense committed, or proceedings begun before the effective date of this Resolution. Those rights, liabilities, penalties and proceedings continue and shall be imposed and enforced under superceded resolutions as if this Resolution had not been enacted. 11. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Ark Development effectuating Title VI of the Civil Rights Act of 1964, as amended. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on April 24, 1987 at the office of the Commission, 1200 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT ATTEST: Roman J. Piasecki, Secretary R3ES