HomeMy WebLinkAboutNo. 0800 redeclaring the SBCDA to be blighted for purposes of compliance with the Tax Reform Act of 1986• "414k-
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RESOLUTION NO. 800
RESOLUTION OF THE SOUTH BEND REDEVELOP-
MENT COMMISSION REDECLARING THE SOUTH
BEND CENTRAL DEVELOPMENT AREA TO BE
BLIGHTED FOR 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 May 10, 1985, adopted Resolution No. 737 declaring
the following area, named by the Commission the South Bend Central
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,
viz:
Beginning at the y'
g g point of intersection of the south
right -of -way line of Sample Street with the west,.
right -of -way line of Michigan Street; thence north
along said west right -of -way line of Michigan `
Street to its intersection with the northerly line
-
of the Conrail Railroad (formerly Penn Central)
right -of -way; thence northwesterly along said
northerly railroad right -of -way line to its
intersection with the southerly projection of the
west right -of -way line of Taylor Street; thence
r
north along said west right -of -way line to its
intersection with the westerly projection of the
north right -of -way line of Monroe Street; thence-
east along said projection and the north
right -of -way line of said Monroe Street to its
intersection with the southerly projection of the t_
centerline of the first 14 foot alley lying west o
Lafayette Boulevard; thence north along said
projection.and the centerline of said 14 foot alley �Y
to the'south right -of- way line of Washington
Street; thence west along said south right -of -way
line to the east right -of -way line of William
Street; thence north along said east right -of -way
line to the north right -of -way line of Colfax
Avenue; thence east along said north right -of -way
line to the centerline of the first 14 foot alley
lying west of Lafayette Boulevard; thence north
along said centerline, in certain places being
sometimes known as St. James Court, to the north
right -of -way line of LaSalle Street; thence east
along said north right -of -way line to the west
right -of -way line of Michigan Street; thence north
along said west right -of -way line to the westerly
projection of the north line of Lot 111 in the
Original Plat to the Town, now City of South Bend;
thence east along said projection, the north line
of said Lot 111 and its easterly projection to the
centerline of the St. Joseph River; thence
meandering northeasterly and northwesterly along
said centerline to the westerly projection of the
south right -of -way line of Corby Street; thence
east along said projection and the south
right -of -way line of said Corby Street to the
centerline of the first 14 foot alley lying west of
Hill Street; thence south along said centerline to
the north right -of -way line of Crescent Avenue;
thence southeasterly to the point of intersection
of the south right -of -way line of said Crescent
Avenue with the centerline of the first 14 foot
alley lying west of said Hill Street; thence
southeasterly, southwesterly and south along the
centerline of said alley to the centerline of the
first 14 foot alley lying north of Cedar Street;
thence east along said centerline to the centerline
of the first 14 foot alley lying east of Hill
Street; thence south along said centerline to the
south right -of -way line of Jefferson Boulevard;
thence west along said south right -of -way line to
the centerline of the St. Joseph River; thence
southeasterly along said centerline to the easterly
projection of the southerly right -of -way line of
Monroe Street; thence southwesterly along said
projection and the southerly right -of -way line of
Monroe Street to the easterly right-of-way line of
Lincol_nway East (TT.S. Highway #13)a thence
southeasterly along said easterly right -of -way line
to the south right -of -way line of Sample Street;
thence west along said south right -of -way line to
the place of beginning.
WHEREAS, Resolution No. 737 and the South Bend Central
Development Area Development Plan (Development Plan) adopted by
Declaratory Resolution No. 737 on May 10, 1985, was confirmed by
Resolution No. 739 adopted on June 14, 1985; and
WHEREAS, Resolution No. 737 was amended by Resolution No.
745, adopted on August 9, 1985 and confirmed by Resolution No. 750,
adopted on September 30, 1985; and
WHEREAS,'Resolution No. 737 was further amended by Resolution
No. 751, adopted on November 8, 1985 and confirmed by Resolution
No. 757 adopted on December 20, 1985; and
WHEREAS, Resolution No. 737 was further amended by Resolution.
No. 795, adopted on February 27, 1987, and confirmed by Resolution
No. 798, adopted on April 10, 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 the boundaries of the Area
the location of the variuos parcels of property, streets, alleys
and other features affecting the acquisition, clearance,
replatting, replanning, rezoning, or redevelopment of the Area,
indicating the parcels of 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. 737 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 Bench
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 four hundred forty -seven (44.7) 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
SPA limited as required by Section 144(c), and no use of the
property within the area shall be allowed which use would
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 (20x) of
the total assessed value of the real property located in the
City of South Bend.
IL
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. 737 shall remain as stated therein, except as
amended previously by the Resolutions cited in the whereas
clauses herein.
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
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
superseded 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
Development effectuating Title VT 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
F. Jay N mtz, P_-sident
ATTEST:
Axk
Roman J. Piasec i, Secretary 1
R.3ES