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Home My WebLink About5118-25 Resolution Approving a Certain Declaratory Resolution for the River West Development Area Adopted by the South Bend Redevelopment Commission RESOLUTION No . 5118_25 Passed by the Common Council of the City of South Bend, Indiana February 10, 20 25 Attest: 040Aer/lid44446./ City Clerk Bianca L. Tirado Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 11, 20 25 (f4-1/GUM/ tArtjt, City Clerk Bianca L. Tirado Approved and signed by me Fttty, ' is 20 25 P14- Mayor 4 SUUlx • - 6 o 'i'l,' • <4. t NA 1/4 1865 ' BILL NO. 25-12 RESOLUTION NO. 5118-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE RIVER WEST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Redevelopment Commission"), the governing body of the South Bend Department of Redevelopment (the "Department")and the Redevelopment District of the City of South Bend, Indiana(the"District"), pursuant to Indiana Code 36-7-14, as amended (the "Act"), on January 9, 2025, approved and adopted its Resolution No. 3627 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a New Allocation Area and Related Matters" (the"Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Redevelopment Commission and the development plan (the "Plan") previously approved by the Redevelopment Commission in connection with the establishment and subsequent amendment of the River West Development Area (the "Area") and designation of the related allocation area (the "Allocation Area") to (i) designate an area, presently part of the Allocation Area and described at Exhibit A of the Amending Declaratory Resolution, as a separate allocation area to be known as the "Riverwalk Allocation Area"(the"Riverwalk Allocation Area") and(ii) amendment of the Plan to include the Riverwalk Allocation Area therein(clauses(i)and(ii),collectively,the"2025 Amendments");and WHEREAS, on January 21, 2025, the South Bend Plan Commission (the "Plan Commission") met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Amending Declaratory Resolution and the 2025 Amendments conform to the plan of development for the City of South Bend, Indiana (the "City"), and designated such resolution as the written order of the Plan Commission approving the Amending Declaratory Resolution and the 2025 Amendments, as required by Section 16 of the Act(the"Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Redevelopment Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the"Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Redevelopment Commission to proceed with the further development of the Area as a result of the 2025 Amendments; NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Plan Commission Order attached hereto is hereby approved, ratified and confirmed in all respects. SECTION 2. The determination that the Riverwalk Allocation Area constitutes an economic development area under the Act is hereby approved pursuant to Section 15 of the Act. SECTION 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council. PASSED, by the Common Council of the City of South Bend, Indiana, this 10th day of February, 2025. G6.4.___ - . 2._____, Canneth Lee, Presid t South Bend Common Council Attest: Bianca Tirado, Cit C rk 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 11`h_day of February , 2025, at 12 o'clock p.m. If Bianca Tirado, City Office of the City ClOr 0 Approved and signed by me on the U V day of ��le ,2025, at i o'clock f.m. /1411 Jam Mueller, Mayor Cit of South Bend 2 EXHIBIT A PLAN COMMISSION RESOLUTION DMS 45983300v1 3 RESOLUTION NO. 2025-1 RESOLUTION OF THE SOUTH BEND PLAN COMMISSION APPROVING RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING A NEW ALLOCATION AREA AND RELATED MATTERS WHEREAS, the South Bend Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the"City"); and WHEREAS,the South Bend Redevelopment Commission(the"Commission"),the governing body of the South Bend Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend, Indiana (the "District"), pursuant to Indiana Code 36-7-14, as amended(the "Act"), on January 9, 2025, approved and adopted its Resolution No. 3627 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a New Allocation Area and Related Matters" (the"Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the development plan (the "Plan") previously approved by the Commission in connection with the establishment and subsequent amendment of the River West Development Area and designation of the related Allocation Area (the"Allocation Area") to (i) designate an area, presently part of the Allocation Area and described at Exhibit A of the Amending Declaratory Resolution,as a separate allocation area to be known as the"Riverwalk Allocation Area" (the"Riverwalk Allocation Area") and (ii) amendment of the Plan to include the Riverwalk Allocation Area therein (clauses (i) and (ii), collectively, the"2025 Amendments"); and WHEREAS, the Plan Commission desires to approve the Amending Declaratory Resolution and the 2025 Amendments; and WHEREAS,the Commission has submitted the Amending Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of the Act, which Amending Declaratory Resolution is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the Plan Commission has reviewed the Amending Declaratory Resolution and the 2025 Amendments described in the Amending Declaratory Resolution and has determined that they conform to the plan of development for the City,and now desires to approve the Amending Declaratory Resolution and the 2025 Amendments described therein and,pursuant to Section 16 of the Act, the Plan Commission desires to issue its written order approving the Amending Declaratory Resolution and the 2025 Amendments described therein; NOW, THEREFORE BE IT RESOLVED by the South Bend Plan Commission, as follows: I. Pursuant to Section 16 of the Act, the Plan Commission hereby finds and determines that the Amending Declaratory Resolution and the 2025 Amendments described in the Amending Declaratory Resolution conform to the plan of the development of the City. 2. The Amending Declaratory Resolution and the 2025 Amendments described in the Amending Declaratory Resolution are in all respects approved, ratified and confirmed. 3. This Resolution hereby constitutes the written order of the Plan Commission approving the Amending Declaratory Resolution and the 2025 Amendments described in the Amending Declaratory Resolution pursuant to Section 16 of the Act. 4. The Secretary of the Plan Commission is hereby directed to file copies of the Amending Declaratory Resolution with the minutes of this public meeting. 5. This Resolution shall be in full force and effect after its adoption by the Plan Commission. PASSED, ISSUED AND APPROVED by the South Bend Plan Commission this 21st day of January, 2025. SOUTH BEND PLAN COMMISSION Pye-rdent ATTEST: Secretary