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HomeMy WebLinkAboutNo. 0752 amending Section 6 of Res. No. 747 of the COSBRCRESOLUTION NO. 752 A RESOLUTION AMENDING SECTION 6 OF RESOLUTION NO. 747 OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, on August 23, 1985, the South Bend Redevelopment Commission adopted Resolution No. 747, authorizing the issuance of tax increment bonds in the amount of Four Million Two Hundred Thousand Dollars ($4,200,000.00) to finance property acquisition and redevelopment in the South Bend Central Development Area, which has boundaries co- terminous with the South Bend Allocation Area No. 1A; and WHEREAS, certain amendments are necessary to adjust requirements concerning parity bond provisions in Section 6 of Resolution No. 747. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, as follows: SECTION I. Section 6 of Resolution No. 747 shall be deleted in its entirety and a new Section 6 shall be and hereby is adopted to read in its entirety as follows: SECTION 6. The Redevelopment District reserves the right to authorize and issue additional bonds ( "Parity Bonds "), payable out of the Tax Increment, ranking on a parity with the Bonds authorized by this Resolution for the purpose of raising money for future property acquisition or redevelopment in the Allocation Area. In the event any Parity Bonds are issued pursuant to this Section 6, the term "Bonds" in this Resolution shall be deemed to refer to the bonds authorized to be issued by this Resolution and such Parity Bonds. The authorization and issuance of Parity Bonds shall be subject to the following conditions precedent: (a) All interest and principal payments with respect to all bonds payable from the Tax Increment shall be current to date in accordance with the terms thereof with no payment in arrears. (b) The balance in the Reserve Account shall equal the Debt Service Reserve Requirement. (c) The Commission shall have received a certificate prepared by an independent certified public accountant or an independent financial consultant ( "Certifier ") certifying that the Tax Increment estimated to be received in each succeeding year, adjusted as provided below, is estimated to be equal to at least 150% of the principal and interest requirements for each respective year during the term of the Bonds with respect to the bonds and the Parity Bonds. In estimating the Tax Increment to be received in any future year, the Certifier shall base his calculation on assessed valuation actually assessed or to be assessed as of the assessment date immediately preceding the issuance of the Parity Bonds; provided, however, the Certifier shall adjust such assessed values for the current and future reductions of real property tax abatements granted to property owners in the Allocation Area. No increase in the Tax Increment to be received in any future year shall be assumed which results from projected inflation in property values or projected increases in property tax rates. The Commission shall approve and confirm the findings and estimates set forth in the above - described certificate in any supplemental resolution authorizing the issuance of the Parity Bonds. SECTION II. Resolution No. 747 shall .remain in all other respects as adopted on August 23, 1985. Approved this 18th day of November, 1985, at a Special Meeting of the South Bend Redevelopment Commission. D /30 SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: -_ ROMAN — Pin IAMCKISecretary -2-