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HomeMy WebLinkAbout5A1 Resolution No. 3673 (Authorizing DCI Staff for Certain Acts - Lafayette Building) - Signed1 RESOLUTION NO. 3673 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AUTHORIZING CERTAIN EMERGENCY ACTIONS RELATING TO THE LAFAYETTE BUILDING WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the governing body of the City of South Bend Department of Redevelopment established under the Redevelopment of Cities and Towns Act of 1953, as amended, being I.C. 36-7-14-1 et seq. (the “Act”); and WHEREAS, the Commission is authorized under I.C. 36-7-14-12.2 to acquire, hold, use, and dispose of real property and to clear real property acquired for redevelopment purposes; and WHEREAS, the Commission owns certain property within the boundaries of the City of South Bend (the “City”), including the Lafayette Building, located at 115 S. Lafayette Boulevard, and more particularly described in Exhibit A (the “Property”); and WHEREAS, the Commissioners have the authority under the Act to adopt such rules and bylaws as they consider necessary for the proper conduct of their proceedings and the carrying out of their duties and the safeguarding of money and property placed in their custody; and WHEREAS, on June 8, 2026, a catastrophic fire occurred at the Property, which resulted in significant damage and potentially creating structural instability and other unsafe conditions; and WHEREAS, the Commission recognizes that the Property is an important and historically significant structure within the City, but finds that immediate action may be necessary to protect public health, safety, and welfare and to prevent further damage or risk to persons or property; and WHEREAS, the Commission further finds that the actions authorized herein are consistent with the Commission’s powers under Indiana Code 36-7-14 and fall within the capital expenditure and professional services categories identified in the Commission’s 2026 Redevelopment Commission Spending Plan, including site improvements, real property improvements, and professional services; and WHEREAS, I.C. 36-7-14-8 provides that redevelopment commission funds must be disbursed only after allowance and approval by the Commission, but allows the Commission to authorize certain disbursements prior to approval by resolution; WHEREAS, the Commission now desires to expressly authorize certain limited actions to be taken on its behalf in order to respond promptly and without delay to the unsafe conditions affecting the Property, while preserving the Commission’s oversight of expenditures and ensuring that any such actions are undertaken only as necessary to protect public health and safety. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. The Executive Director of Community Investment and such staff as designated by 2 the Executive Director (collectively, the “Authorized Representatives”) are hereby authorized to take such actions as are reasonably necessary to address unsafe conditions affecting the Property, including, but not limited to restricting access, securing and stabilizing the Property, obtaining assessments, and coordinating with appropriate governmental authorities. 2.To the extent practicable and consistent with public safety, the Authorized Representatives shall seek to preserve or stabilize the structure. If necessary to address an imminent threat to public health or safety, they may undertake the clearing of the Property, including removal of structures or improvements, based on determinations by appropriate officials or qualified professionals, including the Fire Department, Building Commissioner, or a licensed structural engineer. 3.The Commission authorizes the use of redevelopment commission funds for the purposes described herein, including professional services, stabilization, site work, clearing and removal activities, and other costs reasonably necessary to address unsafe conditions. The authorization provided herein includes the use of funds previously appropriated or allocated by the Commission for the Property, which may be expended in accordance with such prior authorization. To the extent expenditures exceed previously appropriated or allocated amounts, the Commission further authorizes the use of such additional funds as may be reasonably necessary to address the unsafe conditions described herein. 4.Pursuant to IC 36-7-14-8, the Treasurer is authorized to make disbursements necessary to carry out the actions authorized herein prior to the Commission’s allowance and approval, provided that all such disbursements shall be presented to the Commission at its next regular meeting for allowance and approval. 5.This authorization remains effective only while unsafe conditions exist, unless modified or rescinded by the Commission. 6.This Resolution shall be in full force and effect after its adoption. ADOPTED at a meeting of the South Bend Redevelopment Commission held on June 11, 2026. SOUTH BEND REDEVELOPMENT COMMISSION David Relos, President ATTEST: Eli Wax, Secretary 3 Exhibit A Description of the Lafayette Building Property Tax ID No. 018-3009-0288 Parcel Key No. 71-08-12-151-003.000-026 Legal Description: Lot 393 Ex 60'W End O P So Bend Commonly known as: 115 S. Lafayette Blvd, South Bend, Indiana 46601 Tax ID No. 018-3009-0289 Parcel Key No. 71-08-12-151-004.000-026 Legal Description: 42 1/2' N Side Lot 394 Op South Bend Commonly known as: 117-119 S. Lafayette Blvd, South Bend, Indiana 46601