HomeMy WebLinkAboutDetermination of the So Bend Redevelopment Commission to Levy a Special Tax to Make Lease Payments Dated Nov. 4, 1993Attest:
RESOLUTION
NO. 2909 -00
Passed by the Common Council of the City of South Bend, Indiana
July 24,
ri
Presented by me to the Mayor of the City of South Bend, Indiana
July 2.6, 2000
City Clerk
President of Common Council
Approved and signed by me July 27, 2000 .
City Clerk
I ..
RESOLUTION NO. 2 9 0 1 ' 0 0
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, REGARDING THE DETERMINATION OF THE
SOUTH BEND REDEVELOPMENT COMMISSION TO LEVY A SPECIAL TAX
SUFFICIENT TO MAKE LEASE RENTAL PAYMENTS PURSUANT TO A LEASE
BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE
SOUTH BEND REDEVELOPMENT AUTHORITY DATED AS OF NOVEMBER 4,1993,
AS SUBSEQUENTLY AMENDED
WHEREAS, the South Bend Redevelopment Authority (the "Authority') and the
South Bend Redevelopment Commission (the "Commission ") previously entered into a lease dated
as of November 1, 1993, which lease was amended by an Addendum to Lease on June 3, 1994, and
further amended by a Second Addendum to Lease on July 1, 1994 (collectively, the "Lease "), for
certain local public improvements, namely the College Football Hall of Fame and related
improvements (the "Project"); and
WHEREAS, on November 24, 1993, the State Board of Tax Commissioners issued
its Order approving the Lease and the lease rental payments in an amount not to exceed $3,800,000
per year; and
WHEREAS, the Common Council of the City of South Bend (the "Common
Council'), at its meeting on November 29, 1993, approved the Lease, and found that the rental
payments were fair and reasonable and that the use of the Project throughout the term of the lease
would serve the public purpose of the City of South Bend (the "City") and was in the best interests
of its residents; and
WHEREAS, the Commission, at its meeting on June 17, 1994, adopted a resolution
(the "Pledge Resolution ") establishing certain funds and accounts for the payment ofthe rentals owed
by the Commission to the Authority pursuant to the Lease; and
WHEREAS, on July 1, 1994, the Authority issued its South Bend Redevelopment
Authority Variable Rate Demand Lease Rental Revenue Bonds of 1994 (the "1994 Bonds ") to
finance the Project; and
WHEREAS, the Authority, at its meeting on July 17, 2000, adopted Resolution No.
141, indicating its intent to issue South Bend Redevelopment Authority Lease Rental Revenue
Refunding Bonds of 2000 (the "Refunding Bonds ") to finance the refunding of the 1994 Bonds; and
WHEREAS, at its July 21, 2000, meeting, the Commission adopted Resolution
No. 1784, determining to maintain the funds and accounts established under the Pledge Resolution
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for the payment of lease rentals and further determining to levy a special tax on all taxable property
within the City of South Bend Redevelopment District in an amount sufficient to pay the lease rental
payments due to the Authority in connection with the Lease; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND:
1. The Common Council acknowledges that it previously found that the lease rental
payments payable under the Lease, as approved by the Commission, are fair and reasonable, and
further found that the use of the Project throughout the term of the Lease will serve the public
purpose of the City and is in the best interests of its residents.
2. The Common Council hereby acknowledges the determination of the Commission
to levy a special tax on all taxable property within the City of South Bend Redevelopment District
in an amount sufficient to pay lease rentals owed to the Authority in connection with the Lease, all
pursuant to the Pledge Resolution.
3. The Common Council acknowledges that such special levy must be included within
the budget of the City and further acknowledges that it will take such action as may be necessary to
include the same within the budget of the City.
4. The Common Council, in hopes of reducing the property tax rate in future years,
hereby urges the City of South Bend to seek additional sources of bond repayment by working with
other area organizations and bodies such as the Hotel/Motel Board, the Indiana State Legislature and
the St. Joseph County Council to procure additional monies through the use of alternative user fees
and taxes generated by tourism and convention business.
5. This Resolution shall be in full force and effect from and after passage by the
Common Council and approval by the Mayor.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By:
Member of the Common Coun it
PRESENTED —7-7,�k-00 6" t A'�"J
Not APPROVED
ADOPTED ((c -r
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