HomeMy WebLinkAboutNo. 0406 declaring Merry Avenue Urban Renewal Area to be blighted, approving an urban renewal plan and conditions under which relocation payments will be made for project number INDo 0
RESOLUTION NUMBER 406
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COM[wII SSION
DECLARING THE MERRY AVENUE URBAN RENEWAL AREA TO BE BLIGHTED
AND APPROVING AN URBAN RENEWAL PLAN AND CONDITIONS UNDER WHICH
RELOCATION PAYMENTS WILL BE MADE FOR PROJECT NUMBER IND.
WHEREAS, the City of South Bend Department of Redevelopment has, pursuant to the
Redevelopment of Cities and Towns Act of 1953, as amended, conducted 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 Merry Avenue Urban
Renewal Area which is more particularly described by a line drawn as follows:
Beginning at a point formed by the intersection of the East ROW
line of Grant Street extended and the North ROW line of
Washington Street; thence West along the North ROW line of
Washington Street to a point of intersection of the North ROW
line of Washington Street and the West ROW line of Olive Street
extended;-thence South along the West ROW line of Olive Street
to a point of intersection of the Southwest ROW line of Merry
Avenue extended; thence Southeast along the Southwest ROW line
of Merry Avenue; thence East along the South ROW line of Merry
Avenue to a point of intersection of the South ROW line of
Merry Avenue and the East ROW line of Grant Street; thence North
along the East ROW line of Grant Street to the place 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 enter-
prise 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 affecting the acquisition, clearance, replan-
ning 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 redevel-
opment plan; and
WHEREAS, the City of South Bend, Department of Redevelopment intends to carry out
the Urban Renewal Plan for the Merry Avenue Project as a non - federally assisted
project and anticipates that it will comply with all the Federal regulations of
the Department of Housing and Urban Development and Linder Title I of the Housing
Act of 1949 as amended and that-the City of South Bend Department of Redevelopment
will submit all the required documentation to the Department of Housing and Urban
Development so that credit may be claimed for the monies expended by this project
as a pooling credit toward any and all other Urban Renewal Projects.
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 appli-
cation 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 requires that the conditions under which the City of South Bend Department
of RPrlaval nnmant tai 1 1 malra Ral nrati nn p111rman*c in r- nnnar-ti nn wit}, +lha TTrhnn Ranawnl
" MERRY AVENUE URBAN RENEWAL AREA
PROJECT IND. "
and consists of pages 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 Relocation Plan attached hereto and marked for
the Urban Renewal Project contemplated 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
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. Attention is called to the fact
that Executive Order Number 11246 prohibits discrimination because of race, color,
religion, sex or national origin. The work is also covered by Section 404 of the
1969 Housing and Development Act and CDA# 11 letter which covers the Model City Area:
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. That the Merry Avenue Urban Renewal Area, which is described in the first
"WI- 1EREAS" 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. That the Department of Redevelopment proposes to acquire that land and the
interests therein within aforementioned boundaries as designated in the Urban
Renewal 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
4. That the conditions under which the City of South Bend Department of Redevelop-
ment 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.
S. 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 is hereby in all respects approved and the Secretary
is hereby directed to file a certified copy of said Urban Renewal Plan 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.
8. That the United States of America and the Secretary of the Department of
Hotisina and Tirhan TIPVPI nnment hi-_ nnrl harahv nra ncc„rarl of f„l l r -mmnl; n„r-A
• 1
Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on
June 16, 1972 at the office of the Commission, 1200 County -City Building, 227 West
Jefferson Blvd, South Bend, Indiana 46601.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
MORE
`ZIWPR,
i '177
ATTEST:
(SEAL)
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United States of America
,
x
STATE OF INDIANA, COUNTY Of ST. JOSEPH, sr.
I, IRENE K. GAMMON, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby
certify that the attached and foregoing is a full, true, complete and correct copy of
RESOLUTION NO. 315 -72
RES FELOCATION UTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
APP VING THE URBAN RENEWAL PLAN AND THE FEASIBILITY
OF FOR THE MERRY AVENUE PROJECT.
I PAS ED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
IND ANA July 24th, 1972.
PRE ENTED TO, APPROVED AND SIGNED BY MAYOR JERRY J. MILLER
Jul 25th, 1972.
ST: PETER J. NEMETH, PRESIDENT
ATT ST: IRENE K. GAMMON, CITY CLERK
the original of which is now on file in the office of the Clerk of °the City of South Bend, St. Joseph
County, Indiana.
IN AITNESS WHEREOF, 1 have hereunto set my hand and affixed the official Seal of the City
of South Bend, St. Joseph County, Indiana, this 1st day of AUGUST 19 72
IRENE K. GAMMON
Clerk of the City of South Bend
St. Joseph County, Indiana
By:
Deputy
RESOLUTION N0.
RESOLUTION OF THE CO-iiVION COUNCIL OF THE CITY OF SOUTH
BENS APPROVING THE URBIVv R iY 1VV, PLAN AND THE FEASIBILITY
OF RELOCATION FOR TI -M MERRY AVENUE PROJECT
WHEREAS, under the provisions of Title I of the Housing Act of 1949, as
amended, the Department of housing and Urban Development Administrator is
authorized to provide financial assistance to Local Public Agencies for
undert king and carrying out urban renet,al projects; and
W[JEREA , it is provided in such Act that contracts for financial aid there -
under shall require that the Urban Renewal Plan for the respective project
area b approved by the governing body of the locality in which the project
is situated and that such approval include findings by the governing body
that: Z) the financial aid to be provided in the contract. is necessary to
enable the project to be undertaken in accordance with the Urban Renewal
Plan; 2) the Urban Renewal Plan will afford maximum opportunity, consis-
tent with the sound needs of the locality as a whole, for the rehabilita-
tion oi redevelopment of the urban renewal area by private enterprise; (3)
the Ur an Renewal Plan conforms to a general plan for the development of
the locality as a whole; and (4) the Urban Renewal Plan gives due considera-
tion to the provision of adequate park and recreational areas and facilities,
as may be desirable for neighborhood improvement, with special consideration
for th health, safety, and welfare of children residing in the general
vicinity of the site covered by the Plan; and
WHEREAS, the City of South Bend Department of Redevelopment (herein called
the "Local Public Agency "), is entering into a non - -Federally assisted urban
renewal project and is submitting application for this project to the De-
partment of Housing and Urban Development for recognition, said application
being in all respects in conformity with the rules, regulations and guide-
lines of submission of application for Federally- assisted projects under
such Act or Acts of the United States of America, acting by and through the
Secretary of Housing and Urban Development, pursuant to which Federal funds
would to provided for the Urban Renewal Project (herein called the "Project ")
identi ied as "Merry Avenue Project" and encompassing an area bounded by a
line d awn as follows:
B ginning at a point formed by the intersection of the East ROW
line of Grant Street extended and the North ROW line of Washington
Street;-thence West along the North ROW line of Washington Street
tc a point of intersection of the North ROW LINE OF Washington Street
d the West ROW line of Olive Street extended; thence South along
the West ROW line of Olive Street to a point of intersection of the
Southwest row line of Merry Avenue extended; thence Southeast along
the Southwest ROW line of Merry Avenue; thence East along the South
ROW line of Merry Avenue to a point of intersection of the South
ROW line of Merry Avenue and the East ROW line of Grant Street;
t ence North along the East ROW line of Grant Street to the place
o beginning.;
in the City of South Bend, State of Indiana, (herein called the "Locality ");
and _
hHEREASS, the Local. Public Agency has applied for recognition of the non-
assisted project for the purpose of obtaining credit for the monies spent
thereo ; and
1q1ERLA5, the Focal Public Agency has made detailed studies of the location,
physical condition of structures, land use, environmental influences, and
the social, cultural, and economic conditions of the Project area and has
determined that ;the area is a blighted area and that it is detrimental and
a mena e to the safety, health, and welfare of the inhabitants and users
thereof, and of�the Locality at large, because of the presence of blighted
structures and the lack of adequate community improvements, and the members
of this Governing Body have been fully appraised by the Local Ptiblic Agency
and are aware of these facts and conditions; and
ti�IIEREA , there has been prepared and referred to the Common Council of the
Local y (herein referred to as the "Governing Body) for review and approval
i
of an Urban Renewal Plan for the Project area,.dated ,
and consisting of a. document entitled "Urban Renewal Plan for the Merry
Avenue Project, contained in and supported by a document entitled "Fart I
a...0. : 7 77 1177 .,
4
of the Ppplication for Loan and Grant" containing material, data, and
reconunei dations, which material, data and reconuuendations are not a part
of:the Urban Renewal Plan.
WHEREAS the Urban Renewal Plan has been approved by the Governing "Body of
the Loc l Public Agency, as evidenced by the copy of said Body's duly
certifi d resolution approving the Urban Renewal Plan, which is attached
thereto; and
WHEREAS a general plan has been prepared and is recognised and used as a
r
guide f the general development of the Locality as a whole; and
WHEREAS the Area Plan Commission of St. Joseph County, which is the duly -
desi.gna ed and acting official planning body for the Locality, has submitted
to the Governing Body its report and recommendations respecting said Urban
Renewal Plan for the Project area and has certified that said Urban Renewal
Plan conforms to the said general plan for the Locality as a whole, and the
Governing Body has duly considered said report, recommendations, and cer-
tification of the planning body; and
WHEREAS the Urban Renewal Plan for the Project area prescribes certain
land us s for the Project area and will require,. among other things, changes
in zoning, the vacating and removal of streets, alleys, and other public ways,
the establishment of new street patterns, the location and relocation of
sewer and water mains and other public facilities, and other public action;
and
WHEREAS the Local. Public Agency has prepared and submitted a program for
the relocation of individuals and families that may be displaced as a result
of cars ing out the Project in accordance witi the Urban Renewal Plan; and
WHEREAS, there have also been presented. to the Governing Body information
and data respecting the relocation program which have been prepared by the
Local Pablic Agency as a result of studies, surveys, and inspections In the
Project area and the assembling and analysis of the data and information
obtainel from such studies, surveys, and inspections; and
WHEREAS, the members of this Governing Body have general knowledge of the
conditions prevailing in the Project area and of the availability of proper
housing in the Locality for the relocation of individuals and families that
may be displaced from the Project area and, in the light of such Imowledge
of local housing conditions, have carefully considered and reviewed such
proposals for relocation; and
WHEREAS) it is necessary that the Governing Body take appropriate official
action respecting the relocation program and said Urban Renewal Plan for the
Project, in conformity with the rules and regulations governing the Local
Public Agency and the United States of America acting by and through the
Depart ent of Housing -and Urban Development Administrator; and
WHEREA , the Governing Body is cognizant of the conditions that are imposed
in the undertaking and carrying out of urban renewal projects with Federal
financial assistance under Title I, including those prohibiting discrimina-
tion b cause of race, color,'creed, sex, or national origin. Attention is
called to the fact that Executive Order No. 11246 prohibits discrimination
becaus of race, color, religion, sex or national origin. The work is also
covere by Section 404 of the 1969 Housing and Development Act and CDA #11
letter which covers the Model.City Area.
I�OyA', TF 'REFORE, BE IT RESOLVED by the Common Council of the City of South
Bend;
1 That it is herebi found and determined that the Project is a
blighted area and qualifies as an eligible Project area under
the Redevelopment of Cities and ToV,nis Act of 1953, as amended..
►i
2, .
5.
M
7.
M.
That the Urban Renewal Plan for the Project aforementioned, having
been duly reviewed and considered, is hereby approved, and the City
Clerk be and is hereby directed to file said copy of said Urban
Renewal Plan with the minutes of this meeting.
That it is hereby found and determined that the objectives of
the Urban Renewal Plan cannot be achieved through more exten-
sive rehabilitation of the Project area.
That it is hereby found and determined that the Urban Renewal Plan
for the Project area conforms to the general plan of the Locality.
That it is hereby found and determined that the above - mentioned
Urban Renewal Plan for the Urban Renewal Area will afford maximum
opportunity, consistent with the sound needs of the locality as
a whole, for the urban renewal of such areas by private enterprise.
That it is hereby found and determined that the Urban Renewal Plan
for the Urban Renewal Area gives due consideration to the pro-
vision of adequate park and recreational areas and facilities, as
may be desirable for neighborhood improvement, with special con-
sideration for the health, safety, and welfare of children residing
in the general vicinity of the site covered by the Plan.
That it is hereby found and determined that the program for the
proper relocation of individuals and families displaced in carrying
out the Project in decent, safe, and sanitary dwellings in conformity
with acceptable standards is feasible and can be reasonably and timely
effected to permit the proper prosecution and ,completion of the
Project; and such dwellings or dwelling units available or to be
made available to such displaced individuals and families are at
least equal in number to the individuals and families, are not
generally less desirable in regard to public utilities and public
and commercial facilities than the dwellings of the displaced in-
dividuals and families in the Project area, are available at rents
or prices within the financial means of the individuals and families
and are reasonably accessible to their places of employment. We
further hereby give assurances that the rules and regulations of the
Uniform Relocation and Property Acquisition Act of 1970 shall be
complied with.
That in order to implement and facilitate the effectuation of the
Urban Renewal Plan hereby approved, it is found and determined
that certain official action must be taken by this Body with
reference, among things to changes in zoning, the vacating of
and removal of streets, alleys, and other public ways, the estab-
lishment of new street patterns, the location and relocation of
sewer and water mains and other public facilities, and other
public action, and, accordingly, this Body hereby (a) pledges
its cooperation in helping to carry out such Urban Renewal Plan;
)b) requests the various officials, departments, boards, and
Agencies of the Locality having administrative responsibilities
in the premises likewise to cooperate to such end and to exercise
their respective functions and powers in a manner consistent with
said Urban Renewal Plan; and Cc) stands ready to consider and
take appropriate action upon proposals and measures designed to
effectuate said Urban Renewal Plan.
The filing of an application with the Department of Housing and
Urban Development for recognition of this non - assisted project
under Title I of the Housing Act of 1949, as amended is desirable
for the purpose of obtaining credits for the monies spent thereon,
to enable the land in the Project area to be renewed in accordnce
ATTEST:
(Continued) -with the Urban Renewal Plan for the Project area and,
accordingly, the filing by the Local Public Agency of an applica-
tion or applications for recognition under said Title I is hereby
approved.
[BIMITTED for consideration this day of
By:
Counc lman
.opted by the Comoon Council of the City of South Bend, St. Joseph
Indiana, this day of , 1972.
Presiding Officer.
City Cler.
chiana Area Council Of Governments
COUNTY CITY BUILDING • SOUTH BEND, INDIANA 46601
July 27, 1972
Dep rtment of Redevelopment
12th Floor, County -City Building
South Bend, Indiana 46601
Att ntion: Mr. Lloyd S. Taylor, Executive Director
Subject: Merry Avenue Project
Dea Sirs:
The Michiana Area Council of Governments at their special meeting
on July 26, 1972 approved the Urban Renewal Plan for the Merry Avenue
Project as proposed by the Department of Redevelopment in accordance
with the Model Cities Third Year Action Program.
Thi approval is in accordance with MACOG's Designation as the A -95
Cle ringhouse Agency. Said project was found to be in accord with
the Land Use Plan of St. Joseph County and the MACOG Region.
Enc
No.
the
cc:
Losed please find the executed original copy of Resolution
7 -26 whereby the Michiana Area Council of Governments approved
Merry Avenue Project.
Respectfully submitted,
4eorge K se, Jr
/td Director
Mayor Jerry Miller, South Bend
HUD, Indianapolis
Attn: Mr. Steven J. Hans, Area Director
State Budget Agency
Attn: Mr. Daniel A. Novreske
State Planning Office
Attn: Mr. Ted Schulenberg
losure
IANA COUNTIES
- Marshall - St. Joseph
219 - 287 -1829
MICHIGAN COUNTIES
Berrien - Cass
RESOLUTION NO.
RE OLUTION OF THE MICHIANA AREA COUNCIL OF GOVERNMENTS, DETERMINING
T T A DECLARATORY RESOLUTION AND AN URBAN RENEWAL PLAN APPROVED
ADOPTED BY THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION IS
IN CONFORMANCE WITH THE GENERAL PLANNING CONCEPTS FOR THE REGION
UNPER THIS JURISDICTION AND APPROVING THAT RESOLUTION AND THE URBAN
RE AL PLAN FOR THE MERRY AVENUE PROJECT.
WHEREAS, in connection with an application of the City of South Bend Department
of Redevelopment to the Department of Housing and Urban Development for recognition
of a non-Federally assisted Urban Renewal Project under the rules and regulations'
of Title I of the Housing Act of 1949, as amended, the approval of the Governing
Body of the Locality in which the project is situated of an Urban Renewal Plan for
the project area in such application is required by the Federal Government before
it will ent r'into a contract for loans and grants with the City of South Bend
Department f Redevelopment under said Title I; and
WHEREAS, It is necessary under the rules and regulations of the Department of Housing
and Urban Development for their approval of such projects carried out under Title I
and that such projects be reviewed and approved by the Michiana Area Council of Govern-
ments; and
WHEREAS, th City of South Bend Redevelopment Commission has approved and adopted
a Declaratory Resolution and an Urban Renewal Plan in behalf of the Merry Avenue
Project, which is identified in said Resolution and Plan, and has submitted said
Resolution md Plan to the Michiana Area Council of Governments of St. Joseph County,
both of which are attached hereto and are made a part hereof.
NOW THEREFOF
Joseph Count
1.
2.
3.
4.
5.
6.
7.
Passed by th
0716�'
BE IT RESOLVED by the Michigana Area Council of Governments of St.
Indiana as follows:
That the Urban Renewal Plan for the Merry Avenue Project conforms
to the General Plan for the area under this jurisdiction.
That the Land Use Plan and building restrictions of the Urban Renewal
Plan for the Merry Avenue Project is designed to reduce noise, water
and air pollution - and contains nothing to our knowledge that would
be detrimental to the surrounding environment.
That there is no known structure within the project area involving the
National Register of Historic Places.
The reuse of the area contemplates no increase in height more than 100 ft.
That the Urban Renewal Plan for the Merry Avenue Project is in all
respects approved, ratified and confirmed.
That the Declaratory Resolution in behalf of the Merry Avenue Project
is in all respects approved, ratified and confirmed.
That the Secretary is hereby directed to file a copy of said Declaratory
Resolution and the Urban Renewal Plan with minutes of this meeting
e Michiana Area Council of Governments of St. Joseph County, Indiana this
41 day of fK 1972
President
Michiana Area Council of Go ernments
St. Joseph County, Indiana