HomeMy WebLinkAboutConduct Remediation Activites at the Frederickson Park Site to Pledge a Portion of the City's County Option Income Tax RevenuesAttest:
RESOLUTION
3127 -02
Passed by the Common Council of the City of South Bend,
September 23,
20 02
Presented by me to the Mayor of the City of South Bend, Indiana
September 25 2009
Approved and signed by me
September 25,
City Clerk
President of Common Council
20 02 .
City Clerk
M
RESOLUTION NO. 3127 -02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA MAKING A PRELIMINARY DETERMINATION TO
CONDUCT REMEDIATION ACTIVITIES AT THE FREDRICKS ON PARK SITE
IN THE CITY OF SOUTH BEND, TO ISSUE BONDS TO PROVIDE THE COST
THEREOF, TO PLEDGE A PORTION OF THE CITY'S COUNTY OPTION
INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER
MATTERS CONNECTED THEREWITH
WHEREAS, the City of South Bend, Indiana (the "City ") owns certain Brownfield property
near South Bend Avenue and Howard Street in the northeast portion of the City, commonly known
as Fredrickson Park, and more particularly described on Exhibit "A" hereto (the "Property "); and
WHEREAS, the City has previously investigated the environmental condition of the Property
and has determined to conduct non -time critical removal activities and other general environmental
remediation activities on the Property in order to make the property suitable for future
redevelopment (the "Project "); and
WHEREAS, pursuant to South Bend Common Council Resolution No. 3106 -02, the City,
in July 2002, made application (the "Application ") to the Indiana Development Finance Authority
( "IDFA ") for a loan from the Indiana Department of Environmental Management ( "IDEM ")
Brownfrelds Cleanup Revolving Loan Fund (the "Loan "), in an amount not to exceed $1 million,
to provide funds to finance the Project, and IDFA has informed the City that the Application meets
the criteria for the Loan and has requested confirmation of the availability of funding to repay the
Loan; and
WHEREAS, the general remediation of the Property and the redevelopment of the Property
will be a public benefit to the health, safety, and general welfare of the City and its citizens; and it
would appear that the financing of the Project would be a public benefit to the health, safety, and
general welfare of the City and its citizens; and
WHEREAS, the St. Joseph County Income Tax Council has imposed a county option
income tax ( "COIT ") pursuant to IC 6 -3.5 -6 on the adjusted gross income of the St. Joseph County
taxpayers; and
WHEREAS, to provide security for the Loan, IDFA has requested that the Common Council
of the City (the "Common Council ") pledge a portion of the City's COIT revenues to pay debt
service on the Loan; and
WHEREAS, before proceeding further with the Loan, IDFA has requested that the Common
Council express its intention to make such pledge of COIT revenues.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA AS FOLLOWS:
SECTION 1. The Common Council finds and confirms that the Project is desirable to
improve the health, safety, and general welfare of the citizens of the City; and that it is in the public
interest that the City take such action as it lawfully may take to encourage such activities.
SECTION 2. The Common Council further funds and confirms that it is authorized by
Indiana law to issue and sell bonds to finance the Project.
SECTION 3. In order to induce the IDFA and IDEM to proceed with the processing of the
Loan, the Common Council hereby finds, determines and confirms that: (i) it will take or cause to
be taken such action pursuant to Indiana law as may be required to implement the aforesaid Loan
or as it may deem appropriate in pursuance thereof, provided that all of the foregoing shall be
mutually acceptable to the City and the IDFA; and (ii) it will adopt such ordinances and resolutions
and authorize execution and delivery of such instruments and the taking of such actions as may be
necessary and advisable for the authorization, issuance, and sale of bonds in connection therewith;
-2-
(iii) in furtherance and anticipation thereof, concurrently with the filing of this Resolution, a
proposed ordinance (the "Ordinance ") was filed with the Clerk of the Common Council providing
for the financing of the Loan, and it is anticipated that the Ordinance will receive a public hearing
and be considered for passage by the Common Council at its meeting on October 14, 2002.
SECTION 4. The Common Council hereby expresses its intention to adopt an ordinance
pledging a portion of the City's share of COIT revenues to the repayment of the bonds (the "Pledge
Ordinance "). The Pledge Ordinance shall set forth the terms of the pledge of COIT revenues and
will be adopted by the Common Council following the approval of the issuance of the bonds by the
Common Council.
SECTION 5. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
PRESENTED
NOT APPROVED
ADOPTED CI _� 02 EC S . ti`';✓ ^-
COMMON COUNCIL OF THE CITY OF SOUTH BEND
By:
Member of the Common Cou it
EXHIBIT "A"
PARCEL I: A parcel of land being a part of the Northwest Quarter of
Section 6, Township 37 North, Range 3 East, City of South Bend, Portage
Township, St. Joseph County, Indiana and being more particularly described
as follows, viz: Beginning on the North line of a parcel of land
heretofore conveyed to Stephen A. and Mary J. Knoblock, husband and wife by
a Warranty Deed recorded in Deed Record 145, page 108 in the Office of the
Recorder of St. Joseph County, Indiana at a point 165 feet West of the Easc
line of said Northwest Quarter, said point being 702.6 feet North and 165
feet West of the center of said Section 6;. thence North 89 °26'19" West, a
distance of 494.09 feet; thence South 0 °25'01" West (South 0 °19'30" West,
deed bearing) a distance of 322.01 feet to the North right -of -way line of
Howard Street, a 50 foot right -of -way; thence North 89 034'26" West (North
89 °26'19" West, deed bearing) along said North right -of -way line, a
distance of 293.20 fegc; thence North 0025'g4" East, a distance of 150.00
feet; thence North 89 34'26 ". West (North 89 26'19" West, deed bearing)
parallel with said North right -of -way line of Howard Street, a distance of
160.19 feet to a point on the Easterly line of a 12 foot alley, said
Easterly alley line being also the Easterly line of Talbot's Plat as
recorded in said St. Jos &ph County Recorder's Office; thence North
30 51'40'• West (North 30 54141" West deed bearing) along said Easterly
alley line, a distance of 366.41 feet (375.20 feet, deed distance) to a
point 141.10 feet Southeasterly of the Southerly right -of -way line of South
Bend Avenue (State Road 23), as measured along said Easterly alley line;
thence North 51 054'39" East (North 51 °55'20" East, deed bearing) parallel
with said Southerly right -of -way line of South Bend Avenue, a distance of
304.16 Eect (303.80 feet, deed distance); thence North 38 005'21" West
(North 38 04'40" West, deed bearing) a distance of 140.00 feet to said.
Southerly righg -of -way line of South Bend Avenue; thence North 51 °54'39"
East (North 51 55'20" East, deed bearing) along said Southerly right -of -way
line, adistance of 27.00 feet; thence South 38005'21-1 East (South
38 °04'40" Cast, deed Ue,Sing) a distance of 140.00 feet; thence North
51 054'39" East (North 51 55'20" East, deed bearing) parallel with said
Southerly right -of -way line, a distance of 179.32 feet to a Westerly line
of a parcel of land leased to Sunnyside Beverages, Inc. as described in
Deed Record 811° page 578 in said St. Joseph oseph County Recorder's Office;
thence South 37 37'59" East (South 370 East, deed bearing) along a
Westerly line of said lease parcel, a distance of 219 84 feet (219.97 feet,
deed distance); thence North 53 025'38" East (North 53626140" East, deed .
bearing) along the Southerly line of said lease parcel, a distance of
324.46 feet; thence North 36 °31'02" West (North 36 030'00" West, deed
bearing) along the Easterly line of said lease parcel, a distance of 177.96
feet (180.33 feet, deed distance) to the North line of the South Half of
said Northwest Quarter of Section 6; thence South 89 038117" East (South
89 °21.40" East, deed bearing) along said North line, being also the South
I ine of Colpnert's Rapist of Lots Numbered 14 through 37 in Parker and
Allen's Addition to the City of South Bend, a distance of 449.82 feet
(451.03 feet, deed distance) to a point on said line that is 165.00 feet
West of the North -South centerline of said Section 6; thence South 0 °21'16"
West (South 0 21'18" West, deed bearing) parallel with said North -South
centerline, a distance of 625.07 feet to the place of beginning.
PARCEL II: Sub - parcel A, described as follows: A tract of land in
the Southeast Quarter of the Northwest Quarter of Section 6, Township 37
North, Range 3 East described as follows: Beginning 441.35 feet North and
660 feet West of the center of said Section 6, thence running North 150
feet, thence West 293.5 feet, thence South 150 feet, thence East 293.5 feet
to the place of beginning.
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA MAKING A PRELIMINARY
DETERMINATION TO CONDUCT REMEDIATION ACTIVITIES AT
THE FREDRICKSON PARK SITE IN THE CITY OF SOUTH BEND,
TO ISSUE BONDS TO PROVIDE THE COST THEREOF, TO
PLEDGE A PORTION OF THE CITY'S COUNTY OPTION INCOME
TAX REVENUES TO SECURE SUCH BONDS, AND OTHER
MATTERS CONNECTED THEREWITH
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted as
follows: 15' paragraph insert the word Brownfield.
2°' paragraph insert - non -time critical removal activities and other general
environmental
4'h paragraph insert the word general.
Karl King
Chairman