HomeMy WebLinkAbout5C1 Resolution No. 3530 (Pledging Douglas Road TIF Funds to Reimburse for Relocation of Douglas Road Lift Station)
RESOLUTION NO. 3530
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
COMMITTING FUNDS FROM THE DOUGLAS ROAD ECONOMIC DEVELOPMENT
AREA TO REIMBURSE EXPENDITURES RELATED TO THE RELOCATION AND
REPLACEMENT OF THE DOUGLAS ROAD LIFT STATION
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the South Bend, Indiana, Department of Redevelopment (the "Department")
and of the Redevelopment District of the City of South Bend, Indiana, exists and operates under
the provisions of IC 36-7-14, as amended from time to time (the "Act"); and
WHEREAS, the Douglas Road Economic Development Area was established by the
Commission in February 2006 through Declaratory Resolution No. 2199 and Confirming
Resolution No. 2206; and
WHEREAS, in late 2018, the City of South Bend (the "City") was advised by St. Joseph
County (the "County") that the City's existing thirty-two (32) year old lift station on Douglas
Road near S.R. 23, which serves the Douglas Road Economic Development Area, was in the
County's right of way and would need to be moved at the City's expense in order to accommodate
the County's Douglas Road widening project; and
WHEREAS, in September 2020, the City, acting by and through its Board of Public
Works, entered into an agreement with the St. Joseph County Board of Commissioners to
reimburse the County for twenty percent (20%) of the cost of relocating and replacing the lift
station, subject to the County's federal reimbursement of eighty percent (80%) of the remaining
cost (the "Agreement"); and
WHEREAS, the City's portion of the winning bid for the relocation and replacement of
the aging lift station amounted to Three Hundred Thousand Five Hundred Seventeen and 13/100
Dollars ($300,517.13) (the "City's Portion"), payable upon invoice, which invoice was received
and paid per the Agreement; and
WHEREAS, the City, having paid the City's Portion to the County from the City's Sewer
Rehab Capital Account, desires to reimburse the Sewer Rehab Capital Account from the tax
increment financing amounts collected from the Douglas Road Economic Development Area;
and
WHEREAS, pursuant to Section 39(b)(2)(G) of the Act and Resolution No. 2206, funds
from the Douglas Road Economic Development Area may be used to reimburse the City for
expenditures for local public improvements, such as infrastructure serving the area; and
WHEREAS, the relocation and replacement of the lift station will benefit the Douglas
Road Economic Development Area.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. That tax increment funds collected from the Douglas Road Economic
Development Area shall be used to reimburse the City for expenditures, including change orders,
related to the relocation and replacement of the Douglas Road lift station as set forth in the
Agreement.
2. That, at the next regular meeting of the Commission after the collection of tax
increment funds from the Douglas Road Economic Development Area, the Department Staff
shall report to the Commission the following information:
A. the amount collected;
B. the amount to be reimbursed to the Sewer Rehab Capital Account;
C. the amount remaining due and owing to the Sewer Rehab Capital Account; and
D. the approximate date on which the Sewer Rehab Capital Account shall be paid
in full.
3. This Resolution shall be in full force and effect after its adoption.
ADOPTED at a meeting of the South Bend Redevelopment Commission held
electronically on March 11, 2021, as authorized by the Governor's Executive Order 20-09, as
subsequently renewed by Executive Orders 20-17, 20-25, 20-30, 20-34, 20-38, 20-41, 20-44, 20-
47, 20-49, 20-52, 21-03, and 21-05.
SOUTH BEND REDEVELOPMENT COMMISSION
________________________________
Marcia I. Jones, President
ATTEST:
________________________________
Quentin M. Phillips, Secretary