HomeMy WebLinkAbout6A(5)&(6) 3
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1 RESOLUTION NO. 3256
3 RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION MODIFYING AND CONFIRMING A
DECLARATORY RESOLUTION AND AMENDMENTS TO THE
DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC
I DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND
IREDEVELOPMENT COMMISSION
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i WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the City of South Bend (the "City") Department of Redevelopment the
1 "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
I WHEREAS, the Commission on August 28, 2014, approved and adopted its
1 Resolution No. 3229 entitled "Resolution of the South Bend Redevelopment Commission
Designating and Declaring Certain Areas as Economic Development Areas to Amend the
1 Boundaries of the Airport Economic Development Area by Adding the Remainder of the South
1 Bend Central Development Area, Certain Territory of the West Washington-Chapin
Development Area and Certain Expansion Areas to the Airport Economic Development Area,
Designating Such Territories and Areas as Part of the Airport Economic Development Area
Allocation Area No. 1 and Approving of an Amendment to the Development Plan for the Airport
Economic Development Area" (the "Declaratory Resolution"), a copy of which is attached hereto
as Exhibit A; and
WHEREAS, the Airport Area Declaratory Resolution (i) consolidated into the
Airport Economic Development Area (the "Airport Area") the portion of the remaining territory
of the South Bend Central Development Area (the "Central Development Area");
(ii) consolidated certain territory of the West Washington-Chapin Development Area (the
"WWC Area") into the Airport Area; (iii) designated and declared certain areas within the City
to be economic development areas and allocation areas for purposes of tax increment financing
(collectively, the "Expansion Area") to expand the existing Airport Area; (iv) removed certain
territory from the Airport Area; (v) terminated the allocation provisions relating to the
Downtown Medical Services District within the City; (vi) added certain parcels of property to the
Airport Area acquisition list; (vii)transferred certain property previously included on the Central
Development Area acquisition list to the Airport Area acquisition list; (viii) transferred certain 1
property previously included on the WWC Area acquisition list to the Airport Area acquisition
list; and (ix) approved an amendment (the "Plan Amendment") to the economic development
Iplan for the Airport Area (as amended by the Plan Amendment, such plan shall be referred to
, herein as the "Economic Development Plan"); and
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WHEREAS, on October 21, 2014, the St. Joseph County Area Plan Commission
I (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
1 Amendment; and
WHEREAS, at the hearing held by the Commission on the 10th day of
I November, 2014, at 9:30 a.m. (local time), in the Recital Hall in the Century Center Convention
I Center, 120 South St. Joseph Street, South Bend, Indiana, the Commission heard all persons
1 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
1 evidence presented; and
WHEREAS, subsequent to the adoption of the Declaratory Resolution, the
Commission (i) has determined to rename the Airport Area as the River West Development Area
to more accurately describe the territory now included in the Airport Area as a result of the
Declaratory Resolution; (ii) has determined to rename the Airport Economic Development Area
Allocation Area No. 1 as the River West Development Area Allocation Area No. 1; and (iii) has
been made aware that the total acreage of the Airport Area as amended by the Declaratory
Resolution and set forth in Exhibit E to the Declaratory Resolution was listed incorrectly therein
as 7,876 acres when it is in fact 9,432 acres, it being the case that the legal description contained
in Exhibit E is otherwise correct; and
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IWHEREAS, the Commission now desires to take final action determining the
public utility and benefit of the economic development of the Airport Area, pursuant to the
Economic Development Plan as amended by the Declaratory Resolution and the Plan
I Amendment and modifying 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 10th 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 Airport Area, including
the Expansion Area.
2. The Commission adopts and confirms the Findings of Fact for the Airport
Area, copies of each attached hereto as Exhibit B.
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3. The Commission hereby finds and determines that it will be of public
utility and benefit to proceed with the Economic 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 modified
to provide that:
(i) the total acreage of the Airport Area set forth on page E-19 in
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st' Exhibit E to the Declaratory Resolution shall be 9,432 acres more
Ior less; and
(ii) the Airport Area hereafter shall be renamed and known as the
River West Development Area and the Airport Economic
Development Area Allocation Area No. 1 hereafter shall be
a renamed and known as the River West Development Area
r Allocation Area No. 1.
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5. The Declaratory Resolution and the Plan Amendment, as modified herein,
are hereby confirmed.
6. 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
1 modifying and confirming as set forth herein, the Declaratory Resolution and the Economic
Development Plan, including the Plan Amendment, pertaining to the River West Development
1 Area, including the Expansion Area.
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7. The Secretary of the Commission is directed to file and record the final
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.
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SOUTH BEND REDEVELOPMENT
COMMISSION
By:
President
ATTEST:
Secretary
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EXHIBIT A
DECLARATORY RESOLUTION
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RESOLUTION NO.3229
RESOLUTION OF THE
SOUTH BEND REDEVELOPMENT COMMISSION
DESIGNATING AND DECLARING CERTAIN AREAS AS ECONOMIC
DEVELOPMENT AREAS TO AMEND THE BOUNDARIES OF THE
AIRPORT ECONOMIC DEVELOPMENT AREA BY ADDING THE
REMAINDER OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA,
CERTAIN TERRITORY OF THE WEST WASHINGTON-CHAPIN
DEVELOPMENT AREA AND CERTAIN EXPANSION AREAS TO THE
AIRPORT ECONOMIC DEVELOPMENT AREA,DESIGNATING SUCH
TERRITORIES AND AREAS AS PART OF THE AIRPORT ECONOMIC
DEVELOPMENT AREA ALLOCATION AREA NO. 1 AND APPROVING
OF AN AMENDMENT TO THE DEVELOPMENT PLAN FOR THE
AIRPORT ECONOMIC DEVELOPMENT AREA
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WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the City of South Bend Department of Redevelopment (the "Department")
and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment
1 District"), exists and operates under the provisions of the Redevelopment of Cities and Towns
Act of 1953 which has been codified in I.C. 36-7-14, as amended from 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 Airport Economic Development
Area, which area has been amended from time to time ("the Original Airport Area") as an
economic development area and as an allocation area for purposes of tax increment financing
(the "Original Airport Allocation Area"), adopted a Development Plan for the Original Airport
Area, which development plan has been amended from time to time (the "Original Plan") and
established an allocation fund for said Original Airport Allocation Area; and
WHEREAS, the Commission has previously designated and declared an area in
the City known as the South Bend Central Development Area (the"Central Development Area")
as a redevelopment area and as an allocation area for purposes of tax increment financing
("Central Development Area Allocation Area"); and
WHEREAS, the Commission adopted Resolution 1737 on February 18, 2000, for
the purpose of expanding the Central Development Area to include the Downtown Medical
Services District (the "Medical Services District") so as to facilitate and enhance the replanning,
redevelopment and disposition of property within the Central Development Area and designating
the Medical Services District as an allocation area for the purposes of Section 39 of the Act; and
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1 WHEREAS, the Commission desires to terminate the allocation provisions
jj± relating to the Medical Services District; and
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j WHEREAS, the Commission has previously designated and declared an area in
the City known as the West Washington-Chapin Development Area (the "West Washington-
Chapin Development Area") as a redevelopment area and as an allocation area for purposes of
tax increment financing (the "West Washington-Chapin Development Area Allocation Area");
and
WHEREAS, the Commission has adopted a declaratory resolution as of the date
hereof deteunining in part to consolidate certain territory of the Central Development Area and
I corresponding Central Development Area Allocation Area into the Northeast Neighborhood
Development Area and its Allocation Area; and
WHEREAS, the Commission now desires to amend the boundaries of the
Original Airport Area to (i)consolidate into the Original Airport Area a portion of the remaining
Central Development Area, more particularly described in Exhibit A attached hereto and made a
1 part hereof(collectively, the"CDA Territory"), (ii) add certain territory of the West Washington-
I Chapin Development Area into the Original Airport Area, more particularly described in
1 Exhibit B attached hereto and made a part hereof(collectively, the "WWC Territory"), (iii) add
I certain territory, more particularly described in Exhibit C attached hereto and made a part hereof
(collectively, the "Expansion Area"); and (iv) to remove certain territory from the Original
Airport Area and the Original Airport Allocation Area, more particularly described in Exhibit D
I attached hereto and made a part hereof (collectively, the "Removed Territory") (the Original
Airport Area with the CDA Territory, the WWC Territory and the Expansion Area added and
without the Removed Territory being collectively referred to as the "Area") (a description of the
Area, after including the CDA Territory, the WWC Territory and the Expansion Area and
excluding the Removed Territory is set forth in Exhibit E attached hereto and made a part
hereof); and
WHEREAS, the Commission desires to add certain parcels of property, as set
forth in Exhibit F,to the Area acquisition list (the "Airport Acquisition List") as set forth in the
Development Plan for said Area; and
WHEREAS, the Commission desires to transfer certain property previously
included on the Central Development Area acquisition list (the "CDA Acquisition List"), as set
forth in Exhibit F, to the Airport Acquisition List as set forth in the Development Plan for said
Area; and
WHEREAS, the Commission desires to transfer certain property previously
included on the West Washington-Chapin Development Area acquisition list (the "WWC
Acquisition List"), as set forth in Exhibit F, to the Airport Acquisition List as set forth in the
Development Plan for said Area; and
WHEREAS, the Commission desires to amend the Original Plan by (i) adding the
CDA Territory, the WWC Territory and the Expansion Area to the Original Airport Area;
,, (ii)removing the Removed Territory from the Original Airport Area; and (iii) adding and
I transferring certain parcels of property to the Airport Acquisition list (the "Plan Amendment"
and collectively with the Original Plan,the"Plan"); and
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IWHEREAS, the Department, pursuant to the Act, has conducted surveys and
investigations and has thoroughly studied the CDA Territory, the WWC Territory and the
Expansion Area; and
WHEREAS, upon such surveys, investigations and studies being made, the
Commission finds that the Plan Amendment, which Plan Amendment is attached hereto as
1 Exhibit F attached hereto and made a part hereof and is hereinafter adopted in this Resolution,
. cannot be achieved by regulatory processes or by the ordinary operations of private enterprise
t without resort to the powers allowed under the Act because of lack of local public improvements
and multiple ownership of land and that the public health and welfare will be benefited by the
accomplishment of the Plan Amendment; and
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WHEREAS, the Commission has caused to be prepared maps and plats of the
'. CDA Territory, the WWC Territory, and the Expansion Area showing the boundaries of the
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CDA Territory, the WWC Territory, and the Expansion Area, the location of the various parcels
1 of property, streets and alleys and other features affecting the acquisition, clearance, replatting,
i replanning, rezoning, or redevelopment of the CDA Territory, the WWC Territory, and the
Expansion Area, and the parts of the CDA Territory, the WWC Territory, and the Expansion
Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other
public purposes under the plans for the economic development of the CDA Territory, the WWC
Territory, and the Expansion Area as adopted herein; and
1 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 F; and
WHEREAS, with approval of the Plan Amendment, which provides for the
1 inclusion of the CDA Territory, the WWC Territory, and the Expansion Area within the Original
Airport Area, the Commission will have opportunities to promote significant opportunities for
the gainful employment of the citizens of the City, attract major new business enterprises to the
ICity, retain or expand significant business enterprises existing in the boundaries of the City and
meet the other purposes of Section 2.5,41 and 43 of the Act and
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1 WHEREAS, the public health and welfare will be benefited by the economic
development of the CDA Territory and the WWC Territory through their consolidation with the
1 Airport Area under the provisions of the Act and by the economic development of the Expansion
Area through the addition of the Expansion Area to the Airport Area under the provisions of the
Act, and the Plan Amendment will be of public utility and benefit as measured by the attraction
or retention of permanent jobs, an increase in the property tax base and improved diversity of the
economic base; and
WHEREAS, Section 43 of the Act establishes that an economic development area
3 may be an allocation area for the purposes of distribution and allocation of property taxes; and
WHEREAS, Section 39 of the Act has been enacted and amended to permit the
creation of allocation areas within an economic development area to provide for the allocation
and distribution, as provided in the Act, of the proceeds of taxes levied on property situated in an
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1 allocation area, and the Commission deems it advisable to consolidate the CDA Territory, the
WWC Territory into the Original Airport Allocation Area but retain the base assessment dates
that exist with respect to the CDA Territory and the WWC Territory, respectively, and expand
the Original Airport Allocation Area to include the Expansion Area with a base assessment date
for such Expansion Area as determined by Section 39 of the Act; and
I WHEREAS, the Plan Amendment conforms to other development and
redevelopment plans for the City;
NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
2 Commission as follows:
1. The Commission hereby terminates the Downtown Medical Services
District as an allocation area for purposes of Section 39 of the Act. Such termination is effective
as of March 1, 2014,the last assessment date prior to the date of this Resolution.
2. The Commission hereby determines that the CDA Territory, the WWC
3 Territory and the Expansion each shall comprise an economic development area and that the Plan
I Amendment:
(a) promotes significant opportunities for the gainful employment of
the citizens of the City;
(b) retains or expands a significant business enterprise existing in the
boundaries of the City; and
(c) meets the other purposes of Sections 2.5, 41 and 43 of the Act.
3. The Commission hereby finds and determines that the Plan Amendment
cannot be achieved by regulatory processes or by the ordinary operations of private enterprise
without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of lack of
local public improvements or other similar conditions.
4. The Commission hereby fords and determines that the public health and
welfare will be benefited by accomplishment of the Plan Amendment.
5. The Commission hereby fmds and determines that the accomplishment of
the Plan Amendment will be of public utility and benefit as measured by:
(a) the attraction or retention of permanent jobs;
(b) an increase in the property tax base;
(c) improved diversity of the economic base; and
(d) other similar public benefits.
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1 6. The Commission hereby finds and determines that the Plan Amendment
1 conforms to other development and redevelopment plans for the City.
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7. The Commission hereby finds and determines that it will be of public
utility and benefit to consolidate the CDA Territory and the WWC Territory with and into the
Original Airport Area, remove the Removed Territory from the Original Airport Area, to expand
the Original Airport Area by adding the Expansion Area to the Original Airport Area, to add
parcels of property to the Airport Acquisition List and to transfer certain parcels of property from
the CDA Acquisition List and the WWC Acquisition List to the Airport Area Acquisition List as
Iset forth herein and in the Plan Amendment, and develop them under the Act.
8. The Commission determines that it is appropriate to revise the boundaries
of the West Washington-Chapin Development Area to reflect the removal of the WWC Territory
i from the West Washington-Chapin Development Area and approves of the revised description of
the West Washington-Chapin Area set forth in Exhibit G attached hereto and made a part hereof.
Upon adoption of this resolution by the Commission, the Commission determines that the
I remaining territory of the Central Development Area not being consolidated pursuant to this
resolution which remaining territory is described at Exhibit H attached hereto and made a part
4 hereof shall no longer constitute a redevelopment area or an allocation area under the Act as of
3 the date hereof.
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i 9. The Plan Amendment is in all respects approved and is hereby adopted as
1 the Plan Amendment for the Airport Area, which Plan Amendment shall include (i)the CDA
a Territory, the WWC Territory and the Expansion Area as part of the Airport Area and (ii)the
CDA Acquisition List, the WWC Acquisition List and the newly added parcels of property as
, part of the Airport Acquisition List. Such Plan Amendment shall be entitled "Amendment to the
Airport Economic Development Area Development Plan," and, when combined with the original
i Economic Development Plan for the Airport Area, shall be deemed to refer to such Airport
Economic Development Area Development Plan as so amended.
10. The maps and plats of the CDA Territory, the WWC Territory and the
Expansion Area showing their boundaries, the location of the various parcels of property, streets,
alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or
l redevelopment of the CDA Territory, the WWC Territory and the Expansion Area, that are to be
devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under
the Plan Amendment are hereby approved and adopted as the maps and plats for the CDA
Territory,the WWC Territory and the Expansion Area.
1 11. The Commission approves of the addition of certain parcels of property to
be acquired, as set forth in Exhibit F, to the Airport Acquisition List as set forth in the Plan
IAmendment.
( 12. The Commission previously found and determined that for purposes of the
allocation provisions of Section 39 of the Act, the CDA Territory and the WWC Territory were
part of duly constituted allocation areas for purposes of the Act, which for purposes of the Act
and this Resolution means the CDA Territory and the WWC Territory shall continue to be
allocation areas under the Act. The Commission hereby finds and determines that the Original
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Allocation Area shall hereafter be deemed to include the CDA Territory and the WWC Territory.
The various base assessment dates for the various portions of the CDA Territory and the WWC
i Territory as previously established pursuant to prior actions of the Commission shall continue in
place with respect to the CDA Territory and the WWC Territory following consolidation of such
'<, CDA Territory into the Original Airport Allocation Area pursuant to this Resolution.
1 13. The Commission hereby fords and determines that for purposes of the
allocation provisions of Section 39 of the Act, the Expansion Area shall constitute and allocation
area for purposes of the Act and this Resolution.
7 14. Such Expansion Area shall be designated as the "2014 Expansion
Allocation Area." The Original Airport Allocation Area shall hereafter be deemed to include the
2014 Expansion Allocation Area (the Original Airport Allocation Area as amended by paragraph
10 hereof and the 2014 Expansion Allocation Area are hereinafter referred to as the "Allocation
Area").
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15. Any property taxes levied on property in the 2014 Expansion Allocation
1 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 Section 39(h) of the Act), which assessment date is March 1, 2014;
Ishall be allocated to, and when collected, paid into the finds 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
l (b) shall be allocated to the Redevelopment District and, when collected,
I paid into the Allocation Fund(as defined below).
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I (d) Proceeds distributed to the Redevelopment District pursuant to Paragraph
1 15(c) hereof, shall be deposited in the allocation fund previously created
and designated "City of South Bend, Indiana, Department of
Redevelopment, Airport Economic Development Area, Allocation Area
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No. 1 Allocation Fund" (the "Allocation Fund"), and may be used only as
provided in the Act, and more particularly to (i)pay the principal of and
j 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,
I augment, or restore the debt service reserve for bonds payable solely or in
1 part from allocated tax proceeds in Area; (hi) pay the principal of and
Iinterest on bonds payable from allocated tax proceeds in Area and from
j the special tax levied under Section 27 of the Act; (iv)pay the principal of
1 and interest on bonds issued by the City to pay for local public
1 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 Code 36-1-10; (ix)pay all
I or a portion of a property tax replacement credit to taxpayers in Area as
determined by the Commission in accordance with the provisions of the
I Act; (x)pay expenses incurred by the Commission for local public
1 improvements that are in or serving Area (public improvements include
buildings, parking facilities and other items described in Section 25.1(a) of
the Act); (xi)reimburse expenses incurred in training employees of
industrial facilities that are located in Area and on a parcel of real property
Ithat has been classified as industrial property under the rules of the
Department of Local Government Finance in accord with the provisions of
the Act; and (x) pay the costs of carrying out an eligible efficiency project
I (as defined in Indiana Code 36-9-41-1.5) subject to the restrictions set for
in Section 39(b)(2)(c) of the Act.
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
Ieffective date of this Resolution, those uses shall also be authorized or permitted for property tax
1 proceeds allocated to the Allocation Fund.
I 16. Except as provided in Section 39(g) of the Act, before July 15 of each
year,the Commission shall do the following:
I (a) determine the amount, if any, by which the assessed value of the taxable
1 property in the allocation area for the most recent assessment date minus
the base assessed value, when multiplied by the estimated tax of the Area
will exceed the amount of assessed value needed to produce the property
Itaxes necessary to make, when due, principal and interest payments on
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bonds described in Paragraph 15(d) plus the amount necessary for the
Iother purposes described in Paragraph 15(d); and
(b) provide a written notice to the County Auditor, the Common Council and
i 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
6 wholly or partially located within the Area. The notice must state the
I amount, if any, of the amount of excess assessed value that the
Commission has determined may be allocated to the respective taxing
1 units in the manner prescribed in Paragraph 15(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
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endanger the interests of the holders of bonds described in Paragraph
I 15(d) or lessors under Section 25.2 of the Act.
17. "Property Taxes" referred to herein shall mean taxes imposed under IC 6-
3 1.1 on real property only.
18. 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.
1 19. The Commission finds that designating and declaring the Expansion Area
1 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 of(i)the lack of
local public improvements or aging infrastructure improvements which hinder future re-use and
1 further development of properties in the Expansion Area, (ii) reduced private capital investment
in the Expansion Area as evidenced by the number of vacant and underutilized properties and
properties in need of repair located in the Expansion Area, and (iii) lack of diversification of
commercial and business investment and declining assessed value of a significant number of
properties located in the Expansion Area. For the Lincolnway corridor, which is part of the
Expansion Area, there are approximately four hundred ninety-seven (497) vacant and abandoned
properties. For the Western corridor, which is part of the Expansion Area, there are
approximately one hundred sixty-six (166) vacant and abandoned properties.
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20. The Secretary of the Commission is directed to file a certified copy of the
Plan Amendment with the minutes of this meeting.
21. The officers of the Commission are hereby directed to make any and all
required filings and recordings with the Indiana Department of Local Government Finance, the
St. Joseph County Auditor and the St. Joseph County Recorder in connection with the actions of
the Commission contained in this Resolution regarding the Allocation Area, as amended hereby.
22. This Resolution, together with supporting data, shall be submitted to the
Area Plan Commission and the Common Council of the City, as provided by Sections 16 of the
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Act, for the approval of this Resolution and the Plan Amendment, and if approved by both
bodies, this Resolution and the Plan Amendment shall be submitted to public hearing and
remonstrance as provided by Sections 17 of the Act, after public notice in accordance with
I Sections 17 and 17.5 of the Act and Indiana Code 5-3-1 and after all required filings with
governmental agencies and officers have been made pursuant to Sections 17(b) and 17(c) of the
Act.
1 23. All orders or resolutions in conflict herewith are hereby rescinded,
revoked and repealed in so far as such exist.
1 24. This Resolution does not affect any rights or liabilities accrued, penalties
Iincurred, offenses committed, or(except as otherwise provided herein)proceedings begun before
the effective date of this Resolution.
25. This Resolution shall be in full force and effect after its adoption by the
Commission.
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I ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 28th day of August, 2014.
i SOUTH BEND
REDEVELOPMENT COMMISSION
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President, Marcia I.`',nes
ATTEST:
S eretary, Donald 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 Airport Economic Development Plan (the "Plan"), as amended by a Plan
1 Amendment (the "Plan Amendment") for the Airport Economic Development Area (the "Airport
1 Area"), the South Bend Redevelopment Commission finds as follows:
1. The Plan Amendment for the Airport Area promotes significant opportunities for
1 the gainful employment of its citizens and will encourage attraction, retention,
1 and expansion of businesses in the Airport Area.
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2. The Plan Amendment for the Airport Area cannot be achieved by regulatory
processes or by the ordinary operation of private enterprise because of lack of
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 economic development of the Airport Area,
including the Expansion Area, and accomplishment of the Plan Amendment for
j the Airport Area. The improvements in the Airport Area will facilitate attraction,
1 retention, and expansion of industries in the Airport Area thereby benefiting the
i public's health and welfare through job creation and expansion of the City of
South Bend's tax base.
4. The accomplishment of the Plan, including the Plan Amendment, for the Airport
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 Airport Area conforms to other development and
1 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.
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1 6. The Plan Amendment is reasonable and appropriate when considered in relation
to the original Declaratory Resolution, as amended, the Plan and the purposes of
) the Act.
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