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HomeMy WebLinkAboutNo. 0456 declaring the Central Downtown Renewal Area to be blighted, approving an urban renewal plan/conditions under which relocation pmts. will be made for project no. IN R-66, minor changes to urban renewal plan3 4 -. 84040 z� 1_ RESOLUTION NO. 456 -I LM NO. ,_._.. --_.. _. WANDA A. ' 0 UK RECOVER M 6 3 35 FP '84 S -r. JOSEPH CO. INMANA FILED FOR RECORD RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION DECLARING THE CENTRAL DOWNTOWN RENEWAL AREA TO BE BLIGHTED AND APPROVING AN URBAN RENEWAL PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE FOR PROJECT NUMBER IND. R -66 AND FOR THE MAKING OF CERTAIN MINOR CHANGES TO THE URBAN RENEWAL PLAN WHEREAS, the City of South Bend Department of Redevelopment has, pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended, con- ducted surveys and investigations and has thoroughly studied that area in the City of South Bend, County of St. Joseph, State of Indiana, designated as the Central Downtown Urban Renewal Area which is more particularly described by a line drawn 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 Boulevards; 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 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, upon such surveys, investigations and studies being made, it has been found by the City of South Bend Redevelopment 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 benefited by the acquisition and redevelopment of such area under the provisions of such Act; and WHEREAS, the Commissioners have 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 840 :+ ,�A affecting the acquisition, clearance, replanning and redevelopment of such area, and indicating the parcels of property to be included in the acquisition and portions of the area acquired which are to be devoted to streets, parks, playground, and other public purposes under the redevelopment plan, and it has been found that certain parcels are not feasible for rehabilitation and should be added to the acquisition list and that certain land use provisions should be changed and updated to conform with current market conditions; 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, there was presented to this meeting of the Governing Body of the City of South Bend Department of Redevelopment for its consideration and approval, a copy of the amended pages of the Urban Renewal Plan for the project area, and the parcels to be added to the acquisition list as well as the changes in the land use provisions, which plan is entitled, "URBAN RENEWAL PLAN CENTRAL DOWNTOWN URBAN RENEWAL AREA PROJECT NO. IND. R -66 SOUTH BEND, INDIANA" 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 Re- location Plan attached hereto and marked for the Urban Renewal con- templated by the application; and WHEREAS, the Urban Renewal Plan and the conditions under which the Local Public Agency will make Relocation Payments were reviewed and considered at the meeting, and the additions to the acquisition list and 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: < J 8404WA NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND RE- DEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT: 1. That the Central Downtown Urban Renewal 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 such area and redevelop the same under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended. 2. The Department of Redevelopment proposes to acquire that land and the interests therein within aforementioned boundaries as designated in the Urban Renewal Plan, as amended, and under the conditions set out therein. 3. That it is estimated that the cost of acquiring the properties in the area will be $13,375,220 which amount is based on the average of two independent fee appraisals. 4. That the conditions under which the City of South Bend Department of Redevelopment will make the relocation payments are hereby, in all respects, approved, and the Secretary is hereby directed to file a certified copy of the Relocation Plan with the minutes of this meeting. 5. That it is hereby found and determined that the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project Area. 6. That the Urban Renewal Plan, together with the proposed amendments thereto, is hereby in all respects approved and the Secretary is hereby directed to file a certified copy of said Urban Renewal Plan, with proposed amendments, with the minutes of this meeting. 7. 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. Adopted at the Special Meeting of the South Bend Redevelopment Com- mission held on July 16, 1973 at the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT << __ 1 tip. Fred 1 mb n President s = 10 rr �.,�� 1y►`euR4 181FttA7<I/f /ii Y/ 'r, t_ .c 1 CHARLES W. ROEMER CHARLES A. SWEENEY, JR. JOSEPH V. SIMERI KBviN J. BUTLER August 28, 1973 RoEMER, SWEENEY, BUTLER & SIMERI ATTORNEYS AT LAw 1221 ST. JOSEPH BANG BUILDINO SOUTH BEND, INDIANA 46601 Mr. Charles F. Lennon, Jr. Executive Director Department of Redevelopment 1200 County -City Building South Bend, Indiana 46601 Dear Mr. Lennon: Re: South Bend, Indiana Redevelopment Commission, Central Downtown Project, Ind. R -66 - Remonstrance AREA CODE 219 TELEPHONE 232-1441 This is to advise you that a Remonstrance has been filed against the South Bend Redevelopment Commission Declaratory Resolution No. 460 relative to the above - described Urban Renewal Project, which Remon- strance was filed at the time of the public hearing on said Declaratory Resolution on the 3rd day of August, 1973. This Remonstrance was filed by Arthur A. May as attorney for Daniel A. Clark. Pursuant to statute, the remonstrators have the right to file a complaint in the St. Joseph County Courts. However, the ten -day statutory period passed without the filing of such a complaint. In the absence of such a complaint, the remonstrators have abandoned their rights to further protest and remonstrate to this.Resolution No. 460. It is therefore my opinion that, the time having passed for filing a Court appeal, this matter is now a dead issue. pj Very tru yours, le s A. Sweep , Jr. / , A U C 3 '� X973 i� . Wn LM REMONSTRANCE TO CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Re: Resolution No. 456 Notice is hereby given that the undersigned, Daniel A. Clark, does hereby remonstrate and object to the adoption of the resolution of the Commission adopted on the 16th day of July, 1973 relative to the Downtown Urban Renewal Project, Indiana R -66, also referred to as Resolution No. 456, upon the following grounds: 1. That the determination that certain areas of South Bend were blighted within the description set forth in said resolution and cannot be corrected by regulatory process or by the ordinary operation of private enterprise has previously been determined by this Commission on a previous resolution. That this Commission does not have any power 'or authority to adopt such a second resolution pertaining to the same subject matter. 2. That the area encompassed within the description set forth in said resolution and notice of hearing thereon is not blighted in that new buildings have been erected and created within said described area and new businesses have been established, that buildings have been torn down within that area that could not be corrected according to said regulatory process or the operation of private enterprise and that said area encompassed in said description is not at this time a blighted area. 3. That this Commission does not have jurisdiction or authority to pass, adopt, and /or ratify said resolution. DATED this -3 day of August, 1973. r