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
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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
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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
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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:
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(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
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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
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