HomeMy WebLinkAboutNo. 0632 amending Res. No. 626 declaring the East Bank Dev. Area to be blighted, approving a development plan/conditions under which relocation payments will be madeRESOLUTION NO. 632
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING RESOLUTION NO. 626 DECLARING
THE EAST BANK DEVELOPMENT AREA TO BE BLIGHTED AND
APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER
WHICH RELOCATION PAYMENTS WILL BE BADE.
WHEREAS, the City of South Bend Redevelopment Commission ( "Commission ")
governing body of the City of South Bend Department of Redevelopment ( "Depart-
ment") did on October 3, 1980 adopt Resolution No. 626 declaring the following
area to be a blighted area within the meaning of the Redevelopment of Cities
and Towns Act of 1953 (I.C. 18 -7 -7) ( "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 point of intersection of the North
right -of -way line of Sorin Street with the East
right -of -way line of Niles Avenue in said City;
thence South along said East right -of -way line of
Niles Avenue to the centerline of the first fourteen
(14) foot alley lying North of Cedar Street and
between Niles Avenue and Hill Street; thence East
along said centerline, to the centerline of Hill
Street, a sixty -six (66) foot right -of -way; thence
South, along said Hill Street centerline, to the
centerline of Jefferson Boulevard; an eighty -two and
one -half (82.5) foot right -of -way: thence West,
along said Jefferson Boulevard centerline to the
center of the St. Joseph River; thence in a
Northwesterly and Northeasterly direction along the
centerline of said River to its intersection with
the projected North right -of -way line of said Sorin
Street; thence East, along said projection and
along said North right -of -way line to the East
right -of -way line of Niles Avenue which is the
place of beginning.
WHEREAS, said Resolution No. 626 was reconfirmed by Resolution No. 630,
adopted on December 19, 1980; and
WHEREAS, Section 39.1 of the Act has been created and amended to permit
the creation of "allocation areas" within a blighted area and to provide for
the allocation and distribution, as provided in the Act, of the proceeds of
taxes levied on real property situated in an allocation area; and
WHEREAS, this Commission deems it advisable to apply the provision of
said Section 39.1 to the financing of the urban renewal plan described in
the Declaratory Resolution; and
WHEREAS, it is necessary for that purpose to amend the Declaratory
Resolution No. 626:
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION, governing body of the Department as follows:
SECTION I. The Declaratory Resolution No. 626 shall be amended by add-
ing the following paragraphs thereto:
7. For purposes of the allocation provisions of the
Redevelopment of Cities and Towns Act of 1953, as
amended (Indiana Code 18 -7 -7) ( "Act "), the follow-
ing areas of the blighted area described in this
Resolution shall be constituted an "Allocation
Area" for purposes of the Act and this Resolution:
Beginning at the point of intersection of the North
right -of -way line of Sorin Street with the East
right -of -way line of Niles Avenue in said City;
thence South along said East right -of -way line of
Niles Avenue to the centerline of the first four-
teen (14) foot alley lying North of Cedar Street
and between Niles Avenue and Hill Street; thence
East along said centerline, to the centerline of
Hill Street, a sixty -six (66) foot right -of -way;
thence South, along said Hill Street centerline,
to the centerline of Jefferson Boulevard; an
eighty -two and one -half (82.5) foot right -of -way;
thence West, along said Jefferson Boulevard center-
line to the center of the St. Joseph River; thence
in a Northwesterly and Northeasterly direction along
the centerline of said River to its intersection
with the projected North right -of -way line of said
Sorin Street; thence East, along said projection and
along said North right -of -way line to the East right -
of -way line of Niles Avenue which is the place of
beginning.
(See Attachment "A ")
8. Such allocation area shall be designated the "Fast
Bank Development Allocation Area" ( "South Bend
Allocation Area No. 2 ").
9. Any taxes levied on real property in said South Bend
Allocation Area No. 2 in 1980, for collection in 1981,
and thereafter, except as hereinafter provided, for
the benefit of any taxing unit entitled to a distribu-
tion 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 attributable
to the lesser of (i) the assessed value
of all such property in said Allocation Area
No. 2 for the assessment date with re-
spect to which the allocation and dis-
tribution 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, 1980,
shall be allocated to, and when collected
shall be paid into the funds of the re-
spective taxing units entitled to a dis-
tribution of such taxes;
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(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.
10. The proceeds of such taxes distributed to the Department
pursuant to Paragraph 9(b) hereof shall be deposited in
a special fund designated "South Bend Department of Re-
development East Bank Development Allocation Area (Al-
location Area No. 2) 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 issued by the Department for the purpose
of financing or refinancing the redevelopment of Alloca-
tion Area No. 2, or (b) to reimburse the City for ex-
penditures made by it for public improvements in
Allocation Area No. 2, or for rentals paid by it for
a building or off_ street parking facility in Allocation
Area No. 2 under any lease entered into pursuant to
Indiana Code 18- 5 -3.3. When money in the Special Fund
shall be sufficient to pay when due all principal of
and interest on obligations payable therefrom, any
excess over such amount shall be paid to the respective
taxing units entitled thereto in the manner provided
in Paragraph 9(a) hereof, and thereafter the allocation
and distribution provided for in Paragraph 9 hereof
shall be discontinued, and taxes on real property in
Allocation Area No. 2 shall thereafter be distributed
without regard to the provisions of Section 39.1 of
the Act.
11. The provisions of this Declaratory Resolution shall
be subject in all respects to the Act.
SECTION II. This resolution, together with any supporting data, shall be
submitted to the St. Joseph County Area Plan Commission and the City Council
of the City as provided in Indiana Code 18- 7 -7 -13, and if approved by the Area
Plan Commission and City Council shall be submitted to public hearing and
remonstrance as provided by Indiana Code 18- 7 -7 -14, after public notice as
required by said section.
F SECTION III. All orders or resolutions in conflict herewith are hereby
repealed insofar as such conflict exists.
Adopted at a meeting of the South Bend Redevelopment Commission held on
January 16,1981, 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
ATTEST:
Asst. S cret y, Redevelopment Commission
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President, edeve opment Commis ion
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CERTIFICATION
The undersigned Secretary of the City -of South Bend
Redevelopment Commission hereby certifies that the attached
Resolution is an accurate copy of Resolution #632 as passed at the
January 16, 1981 meeting of the Redevelopment Commission.
. Peter Dona on
Secretary
Redevelopment Commission
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County
and State, personally appeared the Secretary of the City of South Bend,
Redevelopment Commission, Mr. A. Peter Donaldson, and acknowledged the execution
of this Certification.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
Official Seal, this 2nd day of March 1981.
i gela M. oar, Notary Public
I am a re ident of St. Joseph County
My Commission Expires:
RESOLUTION 626
IZ1:S01,1J'1'ION OF THE CITY OF S01JT1-1 BEND RIiDI VELOPMf:N'1'
1 (101MM1 SS 10N DESIGNATING GNATING
� '1'1-11: EAST )SANK Df;V1iL01�MliN'I'
AREA, DECLARI NG 'l'llf: JiAST BANK DEVELOPMENT AREA TO
BE 13LIGPI'1'13ll AND APPROVING DEVELOPMENT PLAN AND
CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE
MADE
WHEREAS, the City of South Bend Department of Redevelopment
has, pursuant to the Redevelopment of Cities and Towns Act of 1953,
'Is amended (the "Act "), conducted surveys and investigations and
]"'s thOl-oughly studied that area in the City of South Bend, County
Of St. Joseph, State of Indiana, hereby designated as the East Bank
Development Area which is. more particularly described by a line
drawn as follows:
A Marcel of land being a part of the City of South
Bend, Portage Township, St. Joseph County, Indiana
Mid being more particularly described as follows,
viz:
Beginning at the point of intersection of the North
right -of -way line of Sorin St-..eet with the Fast
{ r "I't -o f -way line or- Niles Avenue in said City;
t thence South �Iiong; said East right -of -way line of
Niles Avenue to the centerline of tile first fourteen
(14) foot 111ey lying North of Cedar Street and
bc�t►ccen Niles Avenue and Hill Street; thence East
along; se-id centerline, to the centerline of Hill
Street, a sixty -six (66) foot right -of -way; thence
South, along; said Hill Street centerline, to the
centerline or Jefferson Boulevard; an eighty -two and
one -half' (82.5) foot right -of -way; thence West,
aloag
said .Jefferson Boulevard centerline to the
center of the St. Josc)h River; thence in a
Northwesterly and Northeasterly direction along the
centerline of said River to its intersection with
flue projected North right -of -way line of said Sorin
Street; thence East, along said and
along, said North right-of-way lineotoc the nEast
right -of -way line of Niles Avenue which is the
place of beginning.
i
Will:kAS, upon such surveys, investigati.ons and studies
hc: i nl; nracic,
'it has been found by the Ci.tv of South Bend Redevelop-
+ agent COlilmissi011 that tilt above- described area has become blighted
1 to an extent that such blighted conditions cannot be corrected by'
reg;ulatol-y process or by the ordinary operations of private enter-
])rise without resort to the provisions or the Act, and it has been
1'urt.hcr iound that the public health and welfare would be bone-
fitted by acclui.sit: ion in and redevelopment of such area under the
provisions of the Act; and
tV111i1Zl:AS, the Commissioners have caused to be prepared maps
and plats shouvinl; the boundaries or such blighted area, the location
of tilc various parcels of properties, streets and alleys and other
Cesltulres <Iff.ectinly, the acquisition, clearance, replatting
") IMnmi lll;, rezoning; and redevelopment of such area, and indicating
the parcels of propel•ty to be iI1C:1LIdCc1 or excluded in the
acquisition and portions or the arerl o he rlcgl! i red which are to
be devoted LO st rc ets , al 1c , :; , i�`,��ruti sewc• cag;c , parks, playgound
and other public purposes uncicr tho redevelopment plan; and
1YI1FR1iAS, there was px•csentcd tc. tlli.s meeting of the Govei °-
'119 llody of the City of South Bend Department of Redevelopment for
its consideration and approval, a cop)' of Development P1rIn for the
Project area dated October 3, 1980, w}lich plrin iti ent i r 1(.,d:
"DEVELOPMEN'r PLAN
BAST RANK DEVELOPMEN'r AREA
SOUTH BEND, INDIANA"
and consists of 24 pages; and
11HERI.AS, Title VI of the Civil Rights Act of 1964, as
amended, and the regulations of the Department of Housing and Urban
Development effectuating that title, provide that no person shall,
on the grounds of race, age, sex, color 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
any federally assisted projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BL-ND
DEPARTMENT OF REDEVELOPML'•NT:
1 . That the East Rank Development Area, which is 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 that it will be of public utility and
benefit to acquire real estate in such area and redevelop the area
under the provisions of the Act.
i 2. That the Department of Redevelopment proposes to
acquire such real estate and the interests therein within the
aforementioned boundaries as designated in the Development Plan
and under the conditions set out therein.
3. That it is estimated that the cost of acquiring the
properties in.the area will be $884,800.00.
4. That it is hereby found and determined that the
objectives of the Development Plan cannot be achieved through more
extensive rehabilitation of the Project area.
N
S. That the Development Plan is hereby in all respects
approved and the Secretary is hereby directed to file a certified
copy of said Development Plan with the minutes of this meeting
and to have a certified copy of said Plan recorded in the Office
of the Recorder of St. Joseph County, Indiana.
6. That the Ignited States of America be, and hereby is
assured of full compliance ' * ! the City of South Bend Department
of Redevelopment t wtlh regulations of the Department of !-lousing and
Urban Development effectuating Title VI of the Civil Rights Act of
1964, as amended.
Adopted at the Regular Meeting; of the South Bend Redevelop -
,nenL Commission held on October 3, 1980 at the office of the
Couunission, 1200 County -City Building, 227 West Jefferson Boulevard,
South Rend, Indiana.
Attest:
A. Peter Donaldson, Secretary
Rc devolopilicnt. Coll ni ion
CTTY OF SOUTH BEND, TNDIANA
DEPARTMENT OF REDEVELOPMENT
r. Jay Nim`tz, President
Redevel opnrdnt Commission I