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Home My WebLink About5021-23 Resolution for Professional Sports Convention Development (PSCD) Tax Area Expansion RESOLUTION No. 5021-23 Passed by the Common Council of the City of South Bend, Indiana June 12, 20 23 6 --)Z Attest: (-110/W) City Clerk Dawn M. Jones Attest' \ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 13, 23 20 .‘) (*f„ City Clerk Dawn M. Jones Approved and signed by me J.^, l v 20 Z I Mayor BILL NO. 23-24 RESOLUTION NO. 5021-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REINSTATING, REAFFIRMING AND AMENDING RESOLUTION NOS. 2519-97 AND 4917-21 (" COLLECTIVELY RESOLUTIONS") TO ADD SITES TO THE ESTABLISHED PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA (PSCDA), NAMELY THE NEW CITY HALL PURCHASED FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION, THE POLICE STATION, ALL FIRE STATIONS, THE MUNICIPAL WATER WORKS BUILDING, THE WASTE WATER TREATMENT PLANT,AND THE EQUIPMENT SERVICES BUILDING; AND TO EXTEND THE EXPIRATION DATE OF THE PSCDA FIRST ESTABLISHED AND THEN EXPANDED BY THE RESOLUTIONS; TO MAKE OTHER NECESSARY AND APPROPRIATE CHANGES TO THE RESOLUTIONS WHEREAS, the Common Council of the City of South Bend, Indiana, (the "Common Council") on October 27, 1997, applying then existing statutory authority under Ind. Code 36-7- 31.3, approved a Resolution establishing a Professional Sports Convention Development Area (PSCD Tax Area) within the boundaries of the City of South Bend, consisting of the following specific sites: the College Football Hall of Fame; Century Center; Stanley Coveleski Stadium; Morris Civic Auditorium/Palais Royale Ballroom; and the Studebaker National Museum, a copy of which Resolution without exhibits is attached hereto as Exhibit A("Original Boundaries"); and WHEREAS, Stanley Coveleski Stadium is now known as Four Winds Field at Stanley Coveleski Stadium, and the Morris Civic Auditorium is now known as the Morris Performing Arts Center; and WHEREAS,Ind. Code 36-7-31.3-8,the enabling statute for a PSCD Tax Area("Enabling Statute") originally identified the City of South Bend by population, i.e., as "a city having a population of more than one hundred thousand,but less than one hundred ten thousand(110,000)." It was amended by the Indiana General Assembly in 2021 to expressly identify South Bend by name and included other specific sites which the South Bend Common Council was empowered to add to the City's PSCDA after June 30, 2021. ("Eligible Boundaries"). The Eligible Boundaries for PSCD Tax Area inclusion under Ind. Code 36-7-38.3-8(f) as amended in 2021 are comprised of the Aloft Hotel, the Courtyard by Marriott South Bend, Downtown, the Doubletree Hotel, Howard Park including its Community Center and the Howard Park Public House, and the campus of Indiana University South Bend; and WHEREAS,the Enabling Statute was further amended by the Indiana General Assembly in 2023 through Senate Enrolled Act("SEA") 326 which authorizes inclusion within the Eligible Boundaries of the new City Hall purchased from the South Bend Community Corporation, the Police Station, all Fire Stations, the Waste Water Treatment Plant, the Municipal Water Works Building, and the Equipment Services Building. (Original Boundaries, Eligible Boundaries and Expanded Boundaries by SEA 326 are collectively hereafter referred to as ("Eligible Boundaries")). WHEREAS, SEA 326 increased the cap on eligible Revenues to be retained by the City of South Bend from $ 2,000,000.00 Dollars per year to $ 5,000,000.00 per year and extended the expiration date to collect Eligible Revenues from the PSCD Tax Area Eligible Boundaries to July 1, 2044 WHEREAS, Resolution No. 2519-97 at Section III contained a stated expiration date of December 31, 2027; however, pre-emptive Indiana State law appears to have resulted in an expiration date prior to January 2021, necessitating formal reinstatement of Council's Resolution No. 2519-97; and WHEREAS, Ind. Code 36-7-31.3-10 (e) authorizes renewal through June 30, 2044 of the PSCDA beginning after June 30, 2023, to include the Eligible Boundaries as established by the Resolutions, plus the Eligible Boundaries authorized by Ind. Code 36-7-38.3-8(f) as amended by SEA 326 and further identified in this Resolution; and WHEREAS, after being fully advised in the matter, the Common Council finds this reaffirmation and restatement of the Resolutions to be in the best interest of the City of South Bend and its citizens. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA,THAT: SECTION I. Resolution No. 2519-97 (Exhibit 1 hereto) and Resolution No. 4517-21 (Exhibit 2 hereto) are hereby restated and reaffirmed consistent with the amendments contained in the Sections which follow, and the findings in the previous introductory paragraphs are fully incorporated herein. SECTION II. In addition to those areas that formed the original Professional Sports Convention Development Area(PSCD Tax Area)under Resolution No.2519-97, and as expanded by Resolution No. 4917-21 (the "Resolutions"), the 2023 amendments to Ind. Code 36-7-38.3-8 within SEA 326 contain criteria for inclusion of additional facilities within the boundaries of the City of South Bend Indiana at Ind. Code 36-7-38.3-8(0(4). To be added to the PSCD Tax Area, a facility within the City's boundaries must be: (A) owned by the city of South Bend through a board established under IC, 36-9-6; (B) titled in the name of the city of South Bend or an entity established to assist the city of South Bend or an entity to established to assist the city of South Bend to exercise its corporate powers-; . (C) occupied by the City of South Bend; and (D) used to exercise powers under IC, 36-1-4 to provide services pursuant to IC 36-4- 4-3, IC, 36-4-4-4, IC, 36-8-2 and IC 36-9-2. Facilities which satisfy the criteria listed in Section IC 36-7-38.3-8(f) (4) above, and which shall be added to the City of South Bend PSCD Tax area are listed on Exhibit 3 by abbreviated legal description, parcel numbers and tax identification numbers and consist of the City Hall which was purchased from the South Bend Community School Corporation, the Police Station, the Fire Stations, the Waste Water Treatment Plant, the Municipal Water Building, and the Equipment Services Building. SECTION III. The allocation provisions of IC, 36-7-31.3-10 (e) (2), (3), and (4) shall apply to the entire PSCD Tax Area comprised of the facilities and sites included in the Resolutions (Exhibits 1 and 2) together with those described in previous Section II (Exhibit 3), and such allocation provisions shall expire July 1, 2044. SECTION IV.The maximum amount of covered taxes that may be captured in the PSCD Tax Area described in this Resolution is ($5,000,000)per year, as per Ind. Code 36-7- 31.8-10(e), or as that statute may be amended hereafter. SECTION V. The use of the tax funds within the PSCD Tax Area shall be used for all purposes listed in IC 36-7-31-8-10 (e)which is incorporated by reference into this Section V. SECTION VI. If any terms of or conditions of this Resolution conflict with the Resolutions, and if reconciliation between the three resolutions is not possible, then the terms of this resolution shall control, and this resolution should be construed to be consistent with IC, 36- 7-31.3 as amended by SEA 326. SECTION VII.This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. )/(_716,. Sharon Mc de, Council President South Bend Common Council r. � Attest: 16/(M'D 2Z - Dawn M. Jones, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the /3 day of G4,14,- , 2023,at o'clock p .m. ke"1,-.;CD —2111._ - , Dawn M. Jones,City Clerk / Office of the City Clerk 1l, Approved and signed by me on the /6 day of J'"h t , 2023, atl i o'clock t m Jas Mueller,Mayor Cit of South Bend, Indiana . . II • + • EXHIBIT 1 COMMON COUNCIL RESOLUTION NO.2519-97 IDENTIFYING ORIGINAL BOUNDARIES OF PSCDA TAX AREA �� r EXHIBIT 2 COMMON COUNCIL RESOLUTION NO. 4917-21 INCLUDING FIRST EXPANDED BOUNDARIES OF PSCDA TAX AREA EXHIBIT 3 SHORT LEGAL DESCRIPTION OF SECOND ADDED FACILITIES AND SITES OF THE PSCDA TAX AREA WITH PARCEL NUMBERS AND TAX IDENTIFICATION NUMBERS