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
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RESOLUTION NO. 456
-I LM NO.
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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
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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:
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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
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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.
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Very tru yours,
le s A. Sweep , Jr. /
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A U C 3 '� X973
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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.
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