HomeMy WebLinkAboutNo. 0690 redeclaring the Central Downtown Urban Renewal Area to be blighted, expanding the boundaries of the area, establishing an allocation area for purposes of TIF, reapproving the urban renewal plan and amendments thereto• ;,• fit'
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RESOLUTION NO. 690 cn tz i
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RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION REDECLARING THE CENTRAL DOWNTOWN URBAN
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RENEWAL AREA TO BE BLIGHTED EXPANDING THE
BOUNDARIES OF THE AREA, ESTABLISHING AN ALLOCATIONC;
AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING AND--;
z" REAPPROVING THE URBAN RENEWAL PLAN AND ALL
AMENDMENTS THERETO.
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, WHEREAS, the City of South Bend Redevelopment Commission
("Commis sion"), governing body of the City of South Bend Department
f Redevelopment ("Department") did on April 4, 1968 adopt
{� esolution No. 215 declaring the area in the City of South Bend,
Indiana ( "City ") designated as the Central Downtown Urban Renewal
Area ( "Area "), to be a blighted area within the meaning of the
Redevelopment of Cities and Towns Act of 1953 (Indiana Code 36 -7 -14)
( "Act "):
Beginning at a point formed by the intersection
of the north right -of -way line of LaSalle Avenue
and the west right -of -way line of Main Street;
thence south along the west right -of -way line of
Main Street to the north right -of -way line of
Washington Street; thence west along the north
right -of -way line of Washington Street to the
west right -of -way line of Lafayette Boulevard;
thence south along the west right -of -way line of
Lafayette Boulevard to the south right -of -way
line of Jefferson Boulevard; thence east along
the south right -of -way line of Jefferson
Boulevard to the west right -of -way line of Main
Street; thence south along the west right -of -way
line of Main Street to the south right -of -way
line of Monroe Street; thence east along the
south right -of -way line of Monroe Street to the
west right -of -way line of Fellows Street; thence
south along the west right -of -way line of
Fellows Street to the south right -of -way line of
Monroe Street; thence east along the south
right -of -way line of Monroe Street and
proceeding in a northeasterly direction along
said right -of -way line to the center of the St.
Joseph River; thence proceeding in a
northwesterly direction along the center of the
St. Joseph River to the north right -of -way line
of LaSalle Avenue; thence west along the north
right -of -way line of LaSalle Avenue to the west
right -of -way line of Main Street which is the
point of beginning.
WHEREAS, said Resolution No. 215 has been modified from
time to time by similar resolutions with respect to estimated
- -acquisition costs and provisions of an urban renewal plan, which
resolutions have been confirmed by the Commission as required by the
Act, to wit: Resolution No. 233 adopted October 10, 1968;
Resolution No. 456 adopted July 16, 1973; Resolution No. 460 adopted
August 3, 1973; Resolution No. 522 adopted May 7, 1976; Resolution
No. 524 adopted June 4, 1976; Resolution No. 540 adopted August 12,
1977; Resolution No. 542 adopted October 21, 1977; Resolution No.
550 adopted April 7, 1978; Resolution No. 553 adopted June 2, 1978;
Resolution No. 615 adopted June 6, 1980; Resolution No. 620 adopted
July 25, 1980; Resolution No. 621 adopted August 8, 1980; Resolution
No. 629 adopted November 21, 1980; Resolution No. 668 adopted
November 19, 1982; and Resolution No. 669 adopted January 28, 1983;
which resolutions are hereinafter collectively referred to as
"Declaratory Resolution ", and which Urban Renewal Plan, as amended,
is hereinafter referred to as the "Urban Renewal Plan "; and
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WHEREAS, upon such surveys, investigations and studies
being made, it has been found by the Commission that the above
described area has become blighted to an extent that such blighted
conditions cannot be corrected by regulatory process, or by the
ordinary operations of private enterprise without resort to the
provisions of the Redevelopment of Cities and Towns Act of 1953, as
amended, and it has been further found that the public health and
welfare would be benefitted by the acquisition and redevelopment of
such area under the provisions of such Act; and
WHEREAS, the Commission has caused to be prepared maps and
plans showing the boundaries of such blighted area, the location of
the various parcels of properties, streets and alleys and other
features affecting the acquisition, clearance, replanning and
redevelopment of such area, and indicating the parcels under the
redevelopment plan, and it has been found that certain land use
provisions should established relating to the property proposed to
be added to the Area; and
WHEREAS, in connection with an application of the City of
South Bend Department of Redevelopment to the Secretary of the
Department of Housing and Urban Development for financial assistance
under Title I of the Housing Act of 1949, as amended, the approval
by the Governing Body of the City of South Bend Department of
Redevelopment of an Urban Renewal Plan for the project area involved
in such application is required by the Federal Government before it
will enter into a contract for loan or grant with the City of South
Bend Department of Redevelopment under Title I; and
WHEREAS, the rules and regulations prescribed by the
Federal Government pursuant to Title I require that the conditions
under which the City of South Bend Department of Redevelopment will
make Relocation Payments in connection with the Urban Renewal
Project contemplated by the application be officially approved by
the Governing Body of the City of South Bend Department of
Redevelopment; and
WHEREAS, the Commission desires to amend the Declaratory
Resolution by adding property to and amending the legal description
of the area; and
WHEREAS, Section 39 of the Act has been created and
amended to permit the creation of "allocation areas" within a
blighted area to provide for the allocation and distribution, as
provided in the Act, of the proceeds of taxes levied on property
situated in an allocation area; and
WHEREAS, the Commission deems it advisable to apply the
provisions of said Section 39 to the financing of the Urban Renewal
Plan; and
WHEREAS, the Commission previously adopted Resolution No.
615 on June 6, 1980 establishing "Central Downtown Urban Renewal
Allocation Area No. 1" ( "Allocation Area No. 1 ") and now wants to
expand the boundaries of Allocation Area No. 1; and
WHEREAS, the Commission has found that certain changes
need to be made to fulfill the purpose of the Design Review
Committee; and
WHEREAS, there was presented to this meeting of the
Commission for its consideration and approval, a copy of the amended
pages of, and a copy of each additional page amending, the Urban
Renewal Plan for the Area and expanding the Area (Attachment "A "),
which Plan is entitled:
"URBAN RENEWAL PLAN
CENTRAL DOWNTOWN URBAN RENEWAL AREA
PROJECT NO. INDIANA R -66
SOUTH BEND, INDIANA"
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and consists of a typewritten document and a set of conditions under
which the City of South Bend Department of Redevelopment will make
Relocation Payments, which set of conditions is set forth in the
Relocation Plan marked for the Urban Renewal contemplated by the
application; and
WHEREAS, the Urban Renewal Plan and the conditions under
which the Department will make Relocation Payments have been
reviewed and considered, and the changes to the Urban Renewal Plan
were considered at the meeting; and
WHEREAS, Title VI of the Civil Rights Act of 1964, and the
regulations of the Department of Housing and Urban Development
effectuating that title, provide that no person shall, on the ground
of race, color, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination in the undertaking and carrying out of urban renewal
projects assisted under Title I of the Housing Act of 1949 as
amended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND
DEPARTMENT OF REDEVELOPMENT:
1.) That the Central Downtown Urban Renewal Area
mentioned in the first "WHEREAS" clause is
expanded and the amended legal description
for the Area is as follows:
Beginning at a point formed by the intersection
of the north right -of -way line of LaSalle Avenue
and the west right -of -way line of Main Street;
thence south along the west right -of -way line of
Main Street to the north right -of -way line of
Washington Street; thence west along the north
right -of -way line of Washington Street to the
west right -of -way line of Lafayette Boulevard;
thence south along the west right -of -way line of
Lafayette Boulevard to the south right -of -way
line of Jefferson Boulevard; thence east along
the south right -of -way line of Jefferson
Boulevard to the west right -of -way line of Main
Street; thence south along the west right -of -way
line of Main Street to the south right -of -way
line of Monroe Street; thence east along the
south right -of -way line of Monroe Street to the
west right -of -way line of Fellows Street; thence
south along the west right -of -way line of
Fellows Street to the south right -of -way line of
Monroe Street; thence east along the south
right -of -way line of Monroe Street and
proceeding in a northeasterly direction along
said right -of -way to the center of the St.
Joseph River; thence proceeding in a
northwesterly direction along the center of the
St. Joseph River to a point 132 feet due north
of the north right -of -way line of LaSalle
Avenue; thence west to the west right -of -way
line of Michigan Street; thence south along the
west right -of -way line of Michigan Street to the
north right -of -way line of LaSalle Avenue;
thence west along the north right -of -way line of
LaSalle Avenue to the west right -of -way line of
Main Street which is the point of beginning
hereinafter referred to as the Expanded Area.
2.) That the Expanded Area, as amended, is
blighted and constitutes a menace to the
social and economic interest of the City of
South Bend and its inhabitants and that it
will be of public utility and benefit to
acquire property within the Expanded Area and
redevelop the same under the provisions of
the Act.
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3.) That for purposes of the allocation
provisions of Section 39 of the Act, the
"Central Downtown Urban Renewal Allocation
Area No. 1" (Allocation Area No. 1 ") as set
forth in Resolution No. 615 adopted on June
6, 1980 shall be designated "Parcel One" and
shall be expanded by the addition of property
designated in Section 4, below, as "Parcel
Two ", said Parcels One and Two collectively
being known hereinafter as Amended Allocation
Area No. 1.
4.) That Parcel Two is comprised of all property
located within the boundaries of the Expanded
Area excepting therefrom the property
designated in Paragraph 3 above as Parcel
One.
5.) That any taxes levied on real property in
Parcel One shall be allocated and distributed
as provided in Resolution No. 615.
6.) That any taxes levied on property in Parcel
Two in 1983, for collection in 1984, and
thereafter, except as hereinafter provided,
for the benefit of any taxing unit entitled
to a distribution thereof, shall be allocated
and distributed as provided in the allocation
and distribution provisions of the Act, and
more particularly as follows:
(a) the proceeds of such taxes attributed to the
lesser of W the assessed value of all such
property in Parcel Two for the assessment date
with respect to which the allocation and
distribution is made or (ii) the assessed value
of all such property as finally determined for
the assessment date immediately preceeding the
effective date of these allocation provisions,
which assessment date is March 1, 1983, shall be
allocated to, and when collected shall be paid
into the funds of the respective taxing units
entitled to a distribution of such taxes;
(b) the proceeds of such taxes in excess of
those described in clause (a) above shall be
allocated to the Department, and when collected
shall be paid into a special fund hereinafter
created.
7.) That proceeds of such taxes distributed to
the Department pursuant to paragraphs 5 and
6(b) hereof shall be deposited in a special
fund designated "South Bend Department of
Redevelopment Downtown Urban Renewal
Allocation Area No. 1 Special Fund" ( "Special
Fund "), and may be used only as provided in
the Act, and more particularly (a) to pay
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 that
allocation area; (b) to restore the debt
service reserve for bonds payable solely or
in part from allocated tax proceeds in the
Amended Allocation Area No. 1; (c) to pay the
principal and interest of bonds payable from
allocated tax proceeds in the Amended
Allocation Area No. 1 and from a special tax
levied by the Commission under I.C.
36- 7- 14 -27; (d) to pay principal and interest
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8401905
Allocation Area No. 1, to reimburse the City
for expenditures made by it for local public
improvements (which include buildings,
parking facilities, and other items described
in I.C. 36- 7- 14- 25.1(a)) in Amended
Allocation Area No. 1, or for rentals paid by
it for a building or parking facility in
Amended Allocation Area No. 1 under any lease
entered into under I.C. 36 -1 -10. When money
in the Special Fund shall be sufficient to
pay when due all principal and interest on
bonds described in Section 7(a), (c) and (d)
above, and is not needed for the other
purposes described in Section 7(b) and (d)
above, any money in the Special Fund in
excess of such amount shall be paid to the
respective taxing units entitled thereto in
the manner provided in paragraph 6(a) hereof,
and thereafter the allocation and
distribution provided for in paragraph 6
hereof shall be discontinued, and taxes on
property in Amended Allocation Area No. 1
shall thereafter be distributed without
regard to the provisions of Section 39 of the
Act.
8.) Property taxes referred to herein shall mean
taxes imposed under I.C. 6 -1.1 on real
property and taxes imposed under I.C. 6 -1.1
on depreciable personal property that has a
useful life in excess of eight (8) years, as
determined by the state board of tax
commissioners.
9.) The Department has acquired land and proposes
to acquire land and the interests therein
within the Expanded Area and under the
conditions set out in the Urban Renewal Plan
as hereby amended.
10.) That it is hereby found and determined that
the objectives of the Urban Renewal Plan as
amended cannot be achieved through more
extensive rehabilitation of the Expanded
Area.
11.) That the amended page and the pages amending
the Urban Renewal Plan are hereby in all
respects approved and the Secretary is hereby
directed to file a certified copy of each
said page with the minutes of this meeting.
12.) That the United States of America and the
Secretary of the Department of Housing and
Urban Development be, and they hereby are,
assured of full compliance by the City of
South Bend Department of Redevelopment with
regulations of the Department of Housing and
Urban Development effectuating Title VI of
the Civil Rights Act of 1964.
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8401905
Adopted at a meeting of the South Bend Redevelopment
Commission held on October 14, 1983 at the Office of the Commission,
1200 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
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8401905
location, number, use, or occupancy of tenants,
lessees, sublessees, or vendees in the premises
therein conveyed, or improvements erected or to be
erected thereon. The above provision will be
perpetual and will run with the land disposed of
within the urban renewal area by the City of South
Bend Department of Redevelopment.
b. Establishment of a Design Review Committee
1) A Design Review Committee of five members shall be
established consisting of the Executive Director
of the Department of Redevelopment who shall serve
as Chairman of the Committee, the City Engineer,
the Director of the St. Joseph County Area Plan
Commission, the City Building Commissioner and one
member appointed by the Redevelopment Commission.
To this Committee, the Commission will appoint two
individuals from the Urban Renewal Area who will
vote on all matters pertaining to the Urban
Renewal Area who will vote on all matters
pertaining to the Urban Renewal Area.
2) Terms: Members of such committee shall serve
without pay for the duration of this Urban
Renewal. Members shall serve at the pleasure of
the Commission. Vacancies occurring through
death, resignation or other causes, shall be
filled for the unexpired term in the same manner
as original appointments.
3) Rules: The Committee shall adopt such rules and
procedures as are necessary to conduct its
business. Among other things, such rules may
provide for the dates and times of meetings and
hearings.
4) Powers and Duties: The Committee shall function
in an advisory capacity to the Redevelopment
Commission. It shall review the proposals of the
developers from the point of view of architecture,
site planning, open space and other applicable
considerations, and for compliance with the
standards set forth in the Urban Renewal Plan. In
exercising these duties the Committee shall follow
the procedures and act within the limitations
established in subsequent sections.
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10/14/83
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AREA K
(East LaSalle Avenue, St. Joseph River, North Michigan Street)
a. Basic Objectives
The basic objective of Area K will be to rehabilitate an
existing structure to mixed usage.
b. Land Use
As indicated above, an existing structure will be converted
to mixed use.
C. Physical Organization
No change is anticipated in the existing physical
organization.
d. Parking
Parking will be provided within the lower levels of the
existing structure.
e. Pedestrian Circulation
Pedestrian circulation will be along North Michigan Street
and East LaSalle Avenue. In addition, a pedestrian path
along the riverfront linking the existing path system will
be provided.
f. Vehicular Access
Vehicular access will be from the existing entrance and
exit of the structure.
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10/14/83