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I Memorandum
November 10, 2014
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TO: Redevelopment Commission
FROM: David Relos, Economic Resources
I SUBJECT: Confirming Resolution No. 3254, 3255, and 3256
SSDA, NNDA, and AEDA TIF Realignment and Plan Amendments
These Confirming Resolutions are to amend the Development Plans for the Southside
Development Area, Northeast Neighborhood Development Area, and the Airport
Economic Development Area.
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On August 28, 2014, the Commission approved Declaratory Resolution No. 3227, 3228,
and 3229, to amend the Development Plans for these areas.
1 On October 21, 2014, the St. Joseph County Area Plan Commission, the official planning
body for the City of South Bend, approved Resolution No. 237-14, which approved,
ratified, and confirmed Resolution No. 3227, 3228, and 3229, determining they conform
I to the plan of development for the City.
On October 27, 2014, the South Bend Common Council, the municipal legislative body
for the City, approved Resolution No. 4402-14, which approved, ratified, and confirmed
I the Area Plan Commission's Resolution No. 237-14.
IThe final step in amending these Development Plans and realign their boundaries is
approval of these Confirming Resolutions.
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I Staff requests approval of Resolution No. 3254, 3255, and 3256.
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1 W.227 W JEFFERSON BLVD. SOUTH BEND, IN 46601 I P. 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV €.
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RESOLUTION NO. 3254
RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION CONFIRMING A DECLARATORY
RESOLUTION AND AMENDMENT TO THE DEVELOPMENT PLAN FOR
THE SOUTH SIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH
BEND REDEVELOPMENT COMMISSION
WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the City of South Bend (the "City") Department of Redevelopment (the
"Department") and the Redevelopment District of the City of South Bend, Indiana (the
"Redevelopment District"), exists and operates under the provisions of the Redevelopment of
Cities and Towns Act of 1953 which has been codified in Indiana Code 36-7-14, as amended
from time to time (the "Act"); and
WHEREAS, the Commission on August 28, 2014 approved and adopted its
Resolution No. 3227 entitled "Resolution of the South Bend Redevelopment Commission
Designating and Declaring a Certain Area as a Redevelopment Area for the Purpose of
Amending the Boundaries of the South Side Development Area and its Allocation Area and to
Amend the Development Plan for the South Side Development Area" (the "Declaratory
Resolution"), a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Declaratory Resolution (i) designated and declared a certain area
within the City to be a redevelopment area and an allocation area for purposes of tax increment
financing (the "Expansion Area") to expand the existing South Side Development Area (the
"South Side Area") to include the former Scottsdale Community Center in the South Side Area;
(ii) added the Scottsdale Community Center to the South Side Area acquisition list; and
(iii) approved an amendment (the "Plan Amendment") to the development plan for the South
Side Area (as amended by the Plan Amendment, such plan shall be referred to herein as the
"Development Plan"); and
WHEREAS, on October 21, 2014, the St. Joseph County Area Plan Commission
(the "Plan Commission") adopted and approved Resolution 237-14, constituting its written order
approving the Declaratory Resolution and the Plan Amendment, as required by Section 16 of the
Act (the "Plan Commission Order"); and
WHEREAS, on October 27, 2014, pursuant to Section 16 of the Act, the Common
Council of the City (the "Common Council") adopted its Resolution No. 4402-14, which
approved the Plan Commission Order; and
WHEREAS, the Commission caused to be published and delivered the notices
required by Sections 17 and 17.5 of the Act concerning the Declaratory Resolution and the Plan
Amendment; and
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WHEREAS, at the hearing held by the Commission on the 10`h day of
November, 2014, at 9:30 a.m. (local time), in the Recital Hall in the Century Center Convention
Center, 120 South St. Joseph Street, South Bend, Indiana, the Commission heard all persons
interested in the proceedings and received written remonstrances and objections that had
been filed and considered those remonstrances and objections filed, if any, and such other
evidence presented; and
WHEREAS, the Commission now desires to take final action determining the
public utility and benefit of the redevelopment and development of the South Side Area,
pursuant to the Development Plan as amended by the Declaratory Resolution and the Plan
Amendment and confirming the Declaratory Resolution and the Plan Amendment in accordance
with Section 17(d) of the Act;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. After considering the evidence presented at the hearing on the 10`h day of
November, 2014, the Commission hereby confirms the findings and determinations set forth in
the Declaratory Resolution and the Plan Amendment with respect to the South Side Area,
including the Expansion Area.
2. The Commission adopts and confirms the Findings of Fact for the South
Side Area, attached hereto as Exhibit B.
3. The Commission hereby finds and determines that it will be of public
utility and benefit to proceed with the Development Plan, including the Plan Amendment, in the
form approved by the Commission in the Declaratory Resolution.
4. The Declaratory Resolution and the Plan Amendment are hereby
confirmed.
5. This Resolution constitutes final action, pursuant to Indiana
Code 36-7-14-17(d), by the Commission determining the public utility and benefit of, and
confirming, the Declaratory Resolution and the Development Plan, including the Plan
Amendment, pertaining to the South Side Area, including the Expansion Area.
6. The Secretary of the Commission is directed to file and record the final
1 action taken by the Commission pursuant to the requirements of Indiana Code 36-7-14-17(d).
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ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 10th day of November, 2014.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
President
ATTEST:
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Secretary
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EXHIBIT A
DECLARATORY RESOLUTION
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RESOLUTION NO.3227
RESOLUTION OF THE
SOUTH BEND REDEVELOPMENT COMMISSION
DESIGNATING AND DECLARING A CERTAIN AREA AS A
REDEVELOPMENT AREA FOR THE PURPOSE OF AMENDING THE
BOUNDARIES OF THE SOUTH SIDE DEVELOPMENT AREA AND ITS
ALLOCATION AREA AND TO AMEND THE DEVELOPMENT PLAN
FOR THE SOUTH SIDE DEVELOPMENT AREA
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WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the City of South Bend, Indiana, Department of Redevelopment (the
"Department") and the Redevelopment District of the City of South Bend, Indiana (the
"Redevelopment District"), exists and operates under the provisions of the Redevelopment of
Cities and Towns Act of 1953 which has been codified in IC 36-7-14 et seq., as amended from
1 time to time(the"Act"); and
WHEREAS, the Commission has previously designated and declared an area in
the City of South Bend, Indiana(the "City") known as the South Side Development Area to be a
redevelopment area, which area has been amended from time to time (the "Original Area") and
an allocation area (the "Original Allocation Area") for purposes of tax increment financing, has
adopted a Development Plan, which development plan has been amended from time to time (the
"Original Plan"), and has established an allocation find for said Original Allocation Area; and
WHEREAS, the Commission desires to expand the boundary of the Original Area
to include certain additional territory which includes the former Scottsdale Community Center
I (the "Community Center"), more particularly described in Exhibit A attached hereto and made a
part hereof (the `Expansion Area") (the Original Area and the Expansion Area shall be
collectively referred to herein as the "Area") (a description of the Area, after including the
Expansion Area, is set forth in Exhibit B attached hereto and made a part hereof); and
WHEREAS, the Commission desires to amend the Original Plan (the "Plan
Amendment") by setting out the boundaries of the Expansion Area and include the Community
Center property on the property acquisition list for the Area (the"Acquisition List"); and
WHEREAS, the Department, pursuant to the Act, has conducted surveys and
investigations and has thoroughly studied the Expansion Area; and
WHEREAS, upon such surveys, investigations and studies being made, the
Commission finds that the Plan Amendment attached hereto and hereinafter adopted in this
Resolution, cannot be achieved by regulatory processes or by the ordinary operations of private
enterprise without resort to the powers allowed under the Act and that the public health and
welfare will be benefited by the redevelopment of the Expansion Area under the provisions of
the Act; and
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WHEREAS, there was presented to this meeting of the Commission for its
consideration and approval, a copy of the Plan Amendment, which Plan Amendment is attached
hereto as Exhibit C; and
WHEREAS, Section 39 of the Act has been enacted and amended to permit the
creation of allocation area within an area needing redevelopment to provide for the allocation
and distribution, as provided in the Act, of the proceeds of taxes levied on property which in an
allocation area, and the Commission deems it advisable to expand the Original Allocation Area
to include the Expansion Area; and
WHEREAS, the Plan Amendment adds the Community Center property to the
Acquisition List as the Commission has determined it may be necessary to acquire an interest in
such property to redevelop the Expansion Area; and
WHEREAS, in determining the location and extent of the Expansion Area, the
Commission has given consideration to transitional and permanent provisions for adequate
housing for the residents of the Expansion Area, if any, who will be displaced by the
redevelopment thereof; and
WHEREAS, the Plan Amendment conforms to other development and
redevelopment plans for the City;
NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby finds and determines that the Expansion Area is
an area needing redevelopment to an extent that cannot be corrected by regulatory processes or
by the ordinary operations of private enterprise without resort to the powers allowed under the
Act, and that the public health and welfare will be benefited by the redevelopment of the
Expansion Area under the Act.
2. The Commission hereby finds and determines that it will be of public
utility and benefit to redevelop the Expansion Area under the Act.
3. The Commission hereby finds and determines that the Plan Amendment
conforms to other development and redevelopment plans for the City.
4. The Plan Amendment is in all respects approved and is hereby adopted as
the Plan Amendment for the Expansion Area. The Plan Amendment shall be entitled
"Amendment to the South Bend Redevelopment Commission South Side Development Area
Development Plan," and, when combined with the Original Plan, shall be deemed to refer to such
Original Plan as so amended.
5. The maps and plats of the Expansion Area showing its boundaries, the
location of the various parcels of property, streets, alleys, and other features affecting the
acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Expansion Area,
indicating the parcels of property to be excluded from acquisition, and the parts of the Expansion
Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other
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public purposes under the Plan Amendment are hereby approved and adopted as the maps and
plats for the Expansion Area.
6. The Commission approves of the addition of the Community Center
property to the Acquisition List as set forth in the Plan Amendment.
7. The Commission hereby finds and determines that for purposes of the
allocation provisions of Section 39 of the Act, the Expansion Area shall constitute an allocation
area for purposes of the Act and this Resolution.
1 8. Such Expansion Area shall be designated as the "2014 Expansion
Allocation Area." The Original Allocation Area shall hereafter be deemed to include the 2014
Expansion Allocation Area (the Original Allocation Area and the 2014 Expansion Allocation
Area are hereinafter referred to as the"Allocation Area").
9. Any property taxes levied on property in the 2014 Expansion Allocation
Area in 2014 for collection in 2015, and thereafter, except as otherwise provided in Section 39 of
the Act, by or for the benefit of any public body entitled to a distribution of property taxes on
taxable property in the 2014 Expansion Allocation Area shall be allocated and distributed as
follows:
(a) The proceeds of the taxes attributable to the lesser of: (i)the
assessed value of the property for the assessment date with respect
to which the allocation and distribution is made; or (ii) the net
assessed value of all the property as finally determined for the
assessment date immediately preceding the effective date of these
allocation provisions (as adjusted under Section39(h) of the Act),
which assessment date is March 1, 2014; shall be allocated to, and
when collected,paid into the funds of the respective taxing units.
(b) The excess of the proceeds of the property taxes imposed for the
assessment date with respect to which the allocation and
distribution is made that are attributable to taxes imposed after
being approved by the voters in a referendum or a local public
question conducted after April 30, 2010, not otherwise included in
clause (a) shall be allocated to and, when collected, paid into the
funds of the taxing unit for which the referendum or local public
question was conducted.
(c) Property tax proceeds in excess of those described in clause (a) and
clause (b) shall be allocated to the Redevelopment District and,
when collected,paid into the Allocation Fund(as defined below).
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(d) Proceeds distributed to the Redevelopment District pursuant to
Paragraph 9(c) hereof, shall be deposited in the allocation fund
previously created and designated "City of South Bend, Indiana,
Department of Redevelopment, South Side Development Plan,
1 Allocation Area No. 1 Allocation Fund" (the "Allocation Fund"),
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and may be used only as provided in the Act, and more particularly
to (i)pay the principal of and interest on any obligations payable
solely from allocated tax proceeds which are incurred by the
Redevelopment District for the purpose of financing or refinancing
the redevelopment of the Area; (ii) establish, augment, or restore
the debt service reserve for bonds payable solely or in part from
allocated tax proceeds in Area; (iii)pay the principal of and
interest on bonds payable from allocated tax proceeds in Area and
from the special tax levied under Section 27 of the Act; (iv)pay
the principal of and interest on bonds issued by the City to pay for
local public improvements in or serving Area; (v)pay premiums
on the redemption before maturity of bonds payable solely or in
part from allocated tax proceeds in Area; (vi)make payments on
leases payable from allocated tax proceeds in Area under Section
25.2 of the Act; (vii)reimburse the City for expenditures made by
it for local public improvements (which include buildings, parking
facilities, and other items described in Section 25.1(a) of the Act)
that are physically located and physically connected to the Area;
(viii)reimburse the City for rentals paid by it for a building or
parking facility that are physically located and physically
connected to the Area under any lease entered into under Indiana
1 Code 36-1-10; (ix)pay all or a portion of a property tax
1 replacement credit to taxpayers in Area as determined by the
I Commission in accordance with the provisions of the Act; (x)pay
I expenses incurred by the Commission for local public
improvements that are in or serving Area (public improvements
include buildings, parking facilities and other items described in
1 Section 25.1(a) of the Act); (xi)reimburse expenses incurred in
1 training employees of industrial facilities that are located in Area
I and on a parcel of real property that has been classified as
industrial property under the rules of the Department of Local
l Government Finance in accord with the provisions of the Act; and
(x) pay the costs of carrying out an eligible efficiency project (as
Idefined in Indiana Code 36-9-41-1.5) subject to the restrictions set
for in Section 39(b)(2)(c) of the Act.
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provided, however, that if future uses of property tax proceeds allocated to the Allocation Fund
I are authorized or permitted by amendments to the Act, including Sections 39 and 43, after the
effective date of this Resolution, those uses shall also be authorized or permitted for property tax
proceeds allocated to the Allocation Fund.
1 10. Except as provided in Section 39(g) of the Act, before July 15 of each
year, the Commission shall do the following:
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I (a) determine the amount, if any, by which the assessed value of the
taxable property in the allocation area for the most recent
assessment date minus the base assessed value, when multiplied by
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the estimated tax of the Area will exceed the amount of assessed
value needed to produce the property taxes necessary to make,
when due, principal and interest payments on bonds described in
Paragraph 9(d) plus the amount necessary for the other purposes
described in Paragraph 9(d); and
(b) provide a written notice to the County Auditor, the Common
Council and the officers who are authorized to fix budgets, tax
rates, and tax levies under Indiana Code 6-1.1-17-5 for each of the
other taxing units that are wholly or partially located within the
Area. The notice must state the amount, if any, of the amount of
excess assessed value that the Commission has determined may be
allocated to the respective taxing units in the manner prescribed in
Paragraph 9(a) or state that the Commission has determined that
there is no excess assessed value that be allocated to the
overlapping taxing units. The Commission may not authorize the
payment to the respective taxing units if to do so would endanger
i the interests of the holders of bonds described in Paragraph 9(d) or
lessors under Section 25.2 of the Act.
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11. "Property Taxes" referred to herein shall mean taxes imposed under IC 6-
1.1 on real property only.
12. The allocation provisions of Section 39 of the Act and as set forth above
shall, with respect to the 2014 Expansion Allocation Area, expire on a date which may not be
more than twenty-five (25) years after the date on which the first obligation is incurred to pay
principal and interest on bonds or lease rentals on leases payable from tax increment revenues.
13. The Commission finds that designating and declaring the Expansion Area
i as an allocation area will result in new property taxes in the Area that would not have been
generated but for including the Expansion Area in the Allocation Area because the Community
1 Center property has been vacant for a number of years and has been on the tax sale list since at
least 2005, indicating the inability of private enterprise to develop the property to its fullest use
without resort to the powers under the Act.
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14. The Secretary is directed to file a certified copy of the Plan Amendment
and this Resolution with the minutes of this meeting.
15. The officers of the Commission are hereby directed to make any and all
required filings with the Department of Local Government Finance, the St. Joseph County
Auditor, and the St. Joseph County Recorder in connection with 2014 Expansion Allocation
Area.
16. This Resolution, together with supporting data, shall be submitted to the
St. Joseph County Area Plan Commission and Common Council of the City, as provided by
Section 16 of the Act, for the approval of the Resolution and the Plan Amendment, and if
approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public
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hearing and remonstrance as provided by Section 17 of the Act, after public notice in accordance
with Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings with
governmental agencies and officers have been made pursuant to Section 17(b) and Section 17(c)
of the Act.
17. All orders or resolutions in conflict herewith are hereby rescinded,
revoked and repealed in so far as such exist.
18. This Resolution does not affect any rights or liabilities accrued, penalties
incurred, offenses committed, or (except as otherwise provided herein) proceedings begun before
the effective date of this Resolution.
19. This Resolution shall be in full force and effect from and after its adoption
by the Commission.
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ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 28th day of August, 2014.
SOUTH BEND
REDEVELOPMENT COMMISSION
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President , Marcia Jr Jones:
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AT EST:
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-cretary 5onald E. Inks
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EXHIBIT B
FINDINGS OF FACT
In accordance with IC 36-7-14 et. seq. (the "Act") and in support of the Declaratory Resolution,
as amended, and the Development Plan (the "Development Plan"), as amended by a Plan
Amendment (the "Plan Amendment") for the South Side Development Area (the "South Side
I Area"), the South Bend Redevelopment Commission finds as follows:
t 1. The Plan Amendment for the South Side Area promotes significant opportunities
1 for the gainful employment of its citizens and will encourage attraction, retention,
and expansion of businesses in the South Side Area.
2. The Plan Amendment for the South Side Area cannot be achieved by regulatory
processes or by the ordinary operation of private enterprise because of lack of
I public improvements, or other similar conditions without resort to the Act.
3. The public health and welfare will be substantially benefited by the planning,
1 replanning, development and development of the South Side Area, including the
2 Expansion Area, and accomplishment of the Plan Amendment for the South Side
Area. The improvements in the South Side Area will facilitate attraction,
retention, and expansion of industries in the South Side Area thereby benefiting
the public's health and welfare through job creation and expansion of the City of
South Bend's tax base.
4. The accomplishment of the Development Plan, including the Plan Amendment,
for the South Side Area will be a public utility and benefit as measured by the
attraction and retention of permanent jobs and an increase in the property tax
base.
5. The Plan Amendment for the South Side Area conforms to other development and
redevelopment plans for the City of South Bend. The Plan Amendment conforms
to the Comprehensive Master Plan for the City of South Bend, known as City
Plan.
6. The Plan Amendment is reasonable and appropriate when considered in relation
to the original Declaratory Resolution, as amended, the Development Plan and the
purposes of the Act.
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