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HomeMy WebLinkAboutNo. 0718 amending Res. No. 650, redeclaring the Rum Village Industrial Park to be blighted and amending tax allocation provisions thereinRESOLUTION NO. 718 AWN A RESOLUTION OF THE CITY OF S,UTH COMMISSION AMENDING RESOLUTION NO. THE RUM VILLAGE INDUSTRIAL PARK TO AMENDING TAX ALLOCATION PROVISIONS 3E r` A Z =X rn WHEREAS, the City of South Bend Redevelopment Commission (Commission), governing body of the City of South Bend Department of Redevelopment (Department) on December 18, 1981, adopted Resolution No. 650 declaring the following area to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953 (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: Commencing at a point formed by the intersection of the east right -of -way line of Olive Street and the south right -of -way line of Calvert Street; thence west along said south right -of -way line of Calvert Street to west line of the east 1/2 of the Southwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East; thence south to a point (intersecting with the present city limits) two hundred (200) feet south of the north line of Section Twenty -two (22) Township Thirty - seven (37) North, Range Two (2) East; thence west (along present City limits) to the east line of Section Twenty -one (21), Township Thirty -seven (37) North, Range Two (2) East; thence North (intersecting with the present city limits) to the south line of Section Sixteen (16), Township Thirty - seven (37) North, Range Two (2) East; thence (along the present city limits) west along the south line of said Section Sixteen (16) to the west line of the Southeast Quarter (1/4) of said Section Sixteen (16); thence north (along the present city limits) along the west line of the Southeast Quarter (1/4) of said Section Sixteen (16) to the northeast corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16); thence west (along the present city limits) to the northwest corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16); thence north 1800 feet, more or less, (along the present city limits) to the north right -of -way line of the abandoned Michigan Central Railroad; thence west (along the present city limits) along said right -of -way line to the west line of said Section Sixteen (16); thence north 975 feet, more or less, along the west line of said Section Sixteen (16) to the south line of Belleville Gardens Second Addition; thence east 1985 feet, more or less; thence south 30 feet, more or less; thence east 535 feet, more or less; thence south 100 feet, more or less; thence east to the west line of the west one -half (1/2) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East; thence south 800 feet, more or less, along the west line of said Section Fifteen (15) to the north right -of -way line of the Penn Central Railroad (Old Pennsylvania Railroad); thence east along said railroad right -of -way to the east line of the west one -half (1/2) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence south 550 feet, more or less, along the said east line of the west one -half (1/2) of the Northwest Nj n rn CA ti Byrn N BEND REDEV OPMN];Z 650, REDEGVAR• G . BE BLIGHTAb AND c THEREIN. 3E r` A Z =X rn WHEREAS, the City of South Bend Redevelopment Commission (Commission), governing body of the City of South Bend Department of Redevelopment (Department) on December 18, 1981, adopted Resolution No. 650 declaring the following area to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953 (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: Commencing at a point formed by the intersection of the east right -of -way line of Olive Street and the south right -of -way line of Calvert Street; thence west along said south right -of -way line of Calvert Street to west line of the east 1/2 of the Southwest Quarter (1/4) of Section Fifteen (15) Township Thirty -seven (37) North, Range Two (2) East; thence south to a point (intersecting with the present city limits) two hundred (200) feet south of the north line of Section Twenty -two (22) Township Thirty - seven (37) North, Range Two (2) East; thence west (along present City limits) to the east line of Section Twenty -one (21), Township Thirty -seven (37) North, Range Two (2) East; thence North (intersecting with the present city limits) to the south line of Section Sixteen (16), Township Thirty - seven (37) North, Range Two (2) East; thence (along the present city limits) west along the south line of said Section Sixteen (16) to the west line of the Southeast Quarter (1/4) of said Section Sixteen (16); thence north (along the present city limits) along the west line of the Southeast Quarter (1/4) of said Section Sixteen (16) to the northeast corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16); thence west (along the present city limits) to the northwest corner of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of said Section Sixteen (16); thence north 1800 feet, more or less, (along the present city limits) to the north right -of -way line of the abandoned Michigan Central Railroad; thence west (along the present city limits) along said right -of -way line to the west line of said Section Sixteen (16); thence north 975 feet, more or less, along the west line of said Section Sixteen (16) to the south line of Belleville Gardens Second Addition; thence east 1985 feet, more or less; thence south 30 feet, more or less; thence east 535 feet, more or less; thence south 100 feet, more or less; thence east to the west line of the west one -half (1/2) of Section Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East; thence south 800 feet, more or less, along the west line of said Section Fifteen (15) to the north right -of -way line of the Penn Central Railroad (Old Pennsylvania Railroad); thence east along said railroad right -of -way to the east line of the west one -half (1/2) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence south 550 feet, more or less, along the said east line of the west one -half (1/2) of the Northwest } Quarter (1/4) of said Section Fifteen (15) to the north right -of -way line of the New Jersey, Illinois and Indiana Railroad right -of -way; thence east along said railroad right -of -way line to the east right -of -way line of Olive Street; thence south along said right -of -way line to the point of beginning. and; WHEREAS, Resolution No. 650 was confirmed by Resolution No. 654, adopted on February 19, 1982; and WHEREAS, in Resolution No. 650, an allocation area was designated for the purposes of the allocation provisions of the Act and that resolution, which allocation area was identical to the boundaries of the Rum Village Industrial Park described above in the first Wheras paragraph herein and was designated the Rum Village Industrial Park Allocation Area (South Bend Allocation Area No. 4); and; WHEREAS, South Bend Allocation Area No. 4 was designated only for the allocation of taxes levied on real property in the area and subsequent amendments to the Act permit allocation of taxes imposed under I.C. 6 -1.1 on depreciable personal property that has a useful life in excess of eight years, as determined by the State Board of Tax Commissioners, if such allocation is approved by resolution of the Commission. 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. The Rum Village Industrial Park, described in the first Whereas clause hereof, 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 real estate in such area and to redevelop the area under the provisions of the Act. 2. For purposes of the allocation provisions of Section 39 of the Act, the Rum Village Industrial Park Allocation area (South Bend Allocation Area No. 4) shall retain the boundaries described in Resolution No. 650. 3. Any taxes levied on real property in South Bend Allocation Area No. 4 shall be allocated and distributed as provided in Resolution No. 615. 4. Any 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 (Personal Property), in South Bend Allocation Area No. 4 in 1984, for collection in 1985, 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: -2- • ) YO► . (a) The proceeds of such taxes attributed to the lesser of (1) the assessed value of the Personal Property for the assessment date with respect to which the allocation and distribution is made or (2) the assessed value of all such property as finally determined for the assessment date immediately proceeding the effective date of these allocation provisions, which assessment date is March 1, 1984, 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 the special fund created by Resolution No. 690 and designated South Bend Department of Redevelopment Allocation Area (South Bend Allocation Area No. 4) Special Fund (Special Fund). 5. Proceeds of such taxes distributed to the Department Irw pursuant to paragraphs 3 and 4 (b) hereof shall be deposited in the Special Fund and may be used only as provided in the Act, and more particularly: (a) to 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 South Bend Allocation Area No. 4; (b) to restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in South Bend Allocation Area No. 4; (c) to pay the principal and interest of bonds payable from allocated tax proceeds in South Bend Allocation Area No. 4 and from a special tax levied by the Commission under I.C. 36- 7- 14 -27; (d) To pay principal and interest of bonds issued by the City of South Bend to pay for local public improvements in South Bend Allocation Area No. 4, 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 South Bend Allocation No. 4, or for rentals paid by it for a building or parking facility in South Bend Allocation No. 4 under any lease entered into under I.C. 36 -1 -10. 6. When money in the Special Fund shall be sufficient to pay when due all principal and interest on bonds described in subsections (a), (c) and (d) above and is not needed for the other purposes described in subsections (b) and (d) above, any money in the Special Fund in excess of such amount shall be paid to the resepctive taxing units entitled thereto in the matter provided in paragraph 4(a) hereof, and thereafter the allocation and distribution -3- L - R.: provided for in paragraph 4 hereof shall be discontinued, and taxes on property in South Bend Allocation Area No. 4 shall thereafter be distributed without regard to the provisions of Section 39 of the Act. 7. The provisions of this declaratory resolution shall be subject in all respects to the Act. 8. It is hereby found and determined that the objectives of the Development Plan authorized by Resolution No. 650 cannot be achieved by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act. 9. The United States of America and the Secretary of the Department of Housing and Urban Development are hereby 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. Adopted at a regular meeting of the South Bend Redevelopment Commission held on October 12, 1984, at the Office of the Commission, 1200 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT -4-