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HomeMy WebLinkAboutDeclaring Certain Areas within the City as a Professional Sports Development AreaAttest RESOLUTION NO. 2519 -97 Passed by the Common Council of the City of South Bend, Attest: October 27, _97 n Presented by me to the Mayor of the City of South Bend, Indiana October 28, 19 97 Clerk of Common Council. Approved and signed by mo November 3, _ 19 97 _ City Clerk Mayor RESOLUTION NO. r�5 I M 7 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DECLARING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE COLLEGE FOOTBALL HALL OF FAME, CENTURY CENTER, COVELESKI STADIUM, MORRIS CIVIC AUDITORIUM /PALAIS BALLROOM AND THE STUDEBAKER NATIONAL MUSEUM AS A PROFESSIONAL SPORTS DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT WHEREAS, the Common Council (the "Council ") is the legislative body of the City of South Bend, Indiana; and WHEREAS, the Council finds that the City of South Bend has a Professional Sports Franchise, known as the "South Bend Silverhawks," which plays the majority of its games in a facility owned by the City known as "Coveleski Stadium," and WHEREAS, the Council, pursuant to Indiana Code 36 -7 -31.3, as amended (the "Act "), finds that it has studied certain areas within South Bend hereby designated as the College Football Hall of Fame (more particularly described in Exhibit "A ") , Century Center (more particularly described in Exhibit "B "), Stanley Coveleski Stadium (more particularly described in Exhibit "C "), Morris Civic Auditorium /Palais Royale Ballroom (more particularly described in Exhibit "D ") , and the Studebaker National Museum (more particularly described at "Exhibit E") with said Exhibits "A ", "B ", "C ", "D" and "E" being hereby attached to this Resolution, incorporated by reference and made a part thereof; and finds the areas to meet the requirements of facilities qualified to be part of a Professional Sports Development Area; and WHEREAS, the Council finds that the facilities owned by the City of South Bend in the above described area are either used by the professional sports franchise or for convention and tourism related events; and WHEREAS, upon such studies being made, the Council finds that the capital improvements undertaken in the above - described areas benefit the public health and welfare, are of public utility and protect or increase state and local tax bases and tax revenues; and WHEREAS, the Council finds that in order to provide special benefits to taxpayers by promoting economic development that is of public use and benefit, it is necessary and desirable to declare the areas herein described as the South Bend Professional Sports Development Area (the "Tax Area "). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Common Council hereby finds that the facilities in the Tax Area are (a) facilities at which a professional sports franchise plays the majority of its home games or in which convention or tourism related events are held; (b) do benefit the public health and welfare and are of public utility and benefit; and (c) do protect or increase state and local tax bases and tax revenues. The Tax Area described herein is hereby designated, declared and determined to be a Professional Sports Development Area under the Act. SECTION II. The Common Council hereby finds that the Covered Taxes, as defined in the Act, Section 4, (the "Covered Taxes ") , attributable to a taxable event or Covered Taxes earned in the Tax Area shall be allocated to the South Bend Professional Sports and Convention Development Area Fund, established pursuant to Section 14 of the Act. All of the salary, wages, bonuses, and other compensation that are (i) paid during a taxable year to a professional athlete for professional athletic services, (ii) taxable in Indiana, and (iii) earned in the Tax Area, shall be allocated to the Tax Area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the Tax Area. Notwithstanding the foregoing provisions of this Section 2, the revenues and Covered Taxes described in this Section 2 may not be allocated until this Resolution is approved by the Indiana Budget Agency. SECTION III. The Common Council determines that the foregoing allocation provisions shall apply to the entire Tax Area and shall expire on December 31, 2027. SECTION IV. The Common Council determines that the College Football Hall of Fame, Century Center, Coveleski Stadium, Morris Civic Auditorium /Palais Royale Ballroom, and Studebaker National Museum, and the real estate upon which each facility is constructed are hereby designated as the facilities and the facility sites, for which the Tax Area has been established. SECTION V. The Common Council hereby directs that funds from the designated Tax Area will be used pursuant to the Act, I.C. 36 -7- 31.3 -19, for any one, or any combination of, the following: (a) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the College Football Hall of Fame, a facility owned by the City and used for convention or tourism related events; or (b) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Century Center, a facility owned by the City and used for convention or tourism related events; or (c) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Morris Civic Audit orium /Palais Royale Ballroom, a facility owned by the City and used for convention or tourism related events; or (d) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, the Studebaker National Museum, a facility owned by the City and used for convention or tourism related events; or (e) a capital improvement that will equip, or the financing or refinancing or payment of lease payments for a capital improvement that will equip, Coveleski Stadium, a facility owned by the City and used by a professional sports franchise subject to appropriation by the Common Council. SECTION VI. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Resolution for the purpose of designating a Professional Sports Development Area to be published pursuant to I.C. 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED 16-)7-q7 ADOPTED /0 -,2 7- 9 7 Member of the Common C01,166 ii Filed in Clerk's Office OCT 2 2 1997 LOBETTAJ. DUDA CMCLEBK, BO. BEND, W. EXHIBIT "A" The College Football Hall of Fame The College Football Hall of Fame consists of two levels with the first level approximately Thirty -Five Thousand Nine Hundred Seventy -Five (35,975) square feet and the second level of approximately Fifty Eight Thousand Four Hundred Eleven (58,411) square feet and a tunnel which connects the College Football Hall of Fame and the Century Center of approximately Three Thousand Seven Hundred (3,700) square feet. The College Football Hall of Fame contains a Stadium Theater, interactive exhibits such as a Training Room, Practice Field and Strategy Clinic, Sculptures, Video Kiosks, the Hall of Champions filled with historic photographs and artifacts, and a gift shop. The College Football Hall of Fame is located at 111 South St. Joseph Street, South Bend, Indiana and is constructed and equipped on real estate more particularly described as follows: Lots 44, 45, 46 and vacated East /West a 1 1 e y located in the Northwest 1/4 of Section 12,TOwnship 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Commencing at the Northwest corner of Section 12, Twp. 37N, R.2E.; thence South 1230' (feet) along the Section Line; thence East 1140' (feet) to the Northwest corner of Lot 46, Plat of South Bend (Original Town), also being the point of beginning: thence South 212.19' (feet), (212' Plat) to the Southwest corner of lot 44, including 14' (foot) vacated alley; thence East 165.64' (feet), (165' Plat) to the Southeast corner of lot 44, also being the West R/W line of the North /South Service Drive; thence North 212.09' (feet), (212.10' Plat), to the Northeast corner of Lot 46; thence West along the North Line of Lot 46 a distance of 165.17' (feet), (165' Plat), back to the point of beginning. Also the North /South Service Drive located in the Plat of River Bend Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the Northeast corner of Lot 46, Plat of South Bend (Original Town); thence South (212.09' (feet) , (212.10' Plat); thence East 40.16' (feet), (40' Plat), to the Southwest corner of Lot 5, Plat of River Bend Addition to the City of South Bend; thence North 212.06' (feet), (212.06' Plat) to the Northwest corner of Lot 5; thence West 40.04' (feet), (40.00 Plat), back to the point of beginning. Also Lot 5, Plat of River Bend Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the Northwest corner of Lot 5; thence South 212.061; (feet), (212.06' Plat) to the Southwest corner of Lot 5; thence East 128.02' (feet), (127.52' Plat), to the Southeast corner of Lot 5; thence North 211.99' (feet), (211.96' Plat) along the West R/W line of South St. Joseph Street to the Northeast corner of Lot 5; thence West 127.80' (feet), (127.67' Plat), along the South R/W line of East Washington Street, back to the point of beginning. An easement located in the Northwest Quarter of Section 12, township 37 North, Range 2 East. A permanent easement located in the 95' (foot) right -of- way of St. Joseph Street, for construction, maintenance and use as a pedestrian tunnel beneath St. Joseph Street, connecting the College Football Hall of Fame and the Century Center. Part of a parcel of land as shown on the plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana, which is recorded in Plat Book 31, Page "R" in the Office of the Recorder of St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of Lot 5, River Bend Addition to the City of South Bend; thence South 32.95' (feet) along the West R/W line of St. Joseph Street to the point of beginning; thence East 30' (feet) in St. Joseph Street; thence South 81 (feet); thence East 651 (feet) to the East R/W line of St. Joseph Street; thence South 60' (feet) along the East R/W line of St. Joseph Street; thence West 65' (feet) in St. Joseph Street; thence South 8' (feet); thence West 30' (feet), to the West R/W line of St. Joseph Street; thence North 76' (feet); back to the point of beginning. EXHIBIT "B" Century Center The Century Center is a convention and cultural facility housing the tri -level South Bend Regional Museum of Art, which includes two exhibit galleries, a rental gallery, classrooms, studios and a gift shop. The Convention Center is also within the Century Center facility, and comprises a 25,000 sq. ft. Hall with an adjacent 12,000 sq. ft. Hall. The Convention Center accommodates exhibitions, trade - shows, conferences, banquets and special events of all kinds. In addition, The Great Hall is within Century Center and is used for dances, banquets, and receptions. The Performing Arts Center area located within Century Center features a 694 -seat Theater (Bendix Theater) and offers a variety of programs including theater, dance, concerts, music recitals, films and lectures. A gift shop featuring gift items from around the state of Indiana is also located in Century Center. Century Center is located at 120 South St. Joseph Street in the heart of downtown South Bend, Indiana. The Century Center is situated on real estate more particularly described as follows: A tract of land in the Northwest Quarter (1/4) Section 12 Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on the East line of St. Joseph Street 96.25' South of the centerline of Jefferson Boulevard; thence N 000 24' 52" W on and along the East line of St. Joseph Street 757.60' to the PC of a 615.46' radius curve to the left; thence continuing on and along the East line on said 615.46' radius curve, a chord distance of 213.76' bearing N 100 24' 52" W an arc distance of 214.84' to the PT of said curve; thence continuing on and along said East line of said St. Joseph Street on a bearing of N 200 24' 52" W a distance of 32.551; thence N 310 13' 38" E, a distance of 49.29' to the South line of Colfax Avenue; thence N 890 39' 38" E on and along the South line of Colfax Avenue a distance of 96.09 feet to a point on the West water's edge of the St. Joseph River; thence Southerly and Easterly along said West water's edge of the St. Joseph River; a distance of 85.191; thence S 450 30' 56" W, a distance of 33.161: thence S 370 25' 58" E, a distance of 3.871; thence S 510 28' 27" W, a distance of 22.701; thence S 420 29" 3' E, a distance of 17.391; thence S 340 46' 56" W, a distance of 2.911; thence S 130 59' 36" E, a distance 6.451; thence S 140 29' 46" E, a distance of 83.42 feet; thence S 460 48' 33" W a distance of 93.84': thence S 420 04' 22" E, a distance of 62.17'; thence S 480 02' 48" W, a distance of 15.031; thence Southerly and Easterly along a retaining wall a distance of 450.611; thence S 710 30' 02" E, a distance of 124.871; thence S 600 55' 27" E, a distance of 146.451; thence S 420 27' 53" E, a distance of 129.18 "; thence S 740 24' 32" E, a distance of 111.26' to a point on the North line of Jefferson Boulevard, the last four courses being along the West water's edge of the S. Joseph River; thence S 890 40' 07" W, a distance of 106.001; thence N 00 19' 53" W. a distance of 1.25 feet to the PC of a 360.81' radius curve to the left; thence on and along said 360.81' radius curve to the left a chord distance of 316.42' bearing S 630 39' 42" W, and arc distance of 327.551; thence S 890 38' 42" W, a distance of 405.06' to the East line of St. Joseph Street, said point being the place of beginnings. Said tract containing 282,700 square feet (6.72 Acres) more or less. EXHIBIT "C" Stanley Coveleski Stadium The Stanley Coveleski Stadia stadium to facilitate a football filed and a Class A minor league stadium has a seating capacity Coveleski Stadium is constructed described as follows: im Park is a regional multipurpose field, international size soccer professional baseball team. The of 4,500 -5,500 seats. Stanley on real estate more particularly A part of the N.E. 1/4 of the S.E. 1/4 of Section 11, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and described as follows: Beginning at a point on the North R.O.W. line of South Street, which point is also the S.E. Corner of Lot 16, Block 10, in part of Vail's S.W. Addition to the City of South Bend, Indiana; thence Northerly along the East line of Lot 16 and Lot 15 to the N.E. corner of Lot 15, Block 10, in said Vail's S.W. Addition, a distance of 99 feet, more or less; thence westerly along the North line of Lot 15 to the East R.O.W. line of Taylor Street, a distance of 115.5 feet, more or less; thence Northerly along said East R.O.W. line to the S.W. corner of Lot 12, Block 7, in said Vail's S.W. Addition, a distance of 605.5 feet, more or less; thence Easterly along the South lines of Lot 12 and Lot 4 and said lines extended to the East R.O.W. line of Williams Street, a distance of 311 feet, more or less; thence Southerly along said East R.O.W. line to the S.W. corner of Lot 14, Block 8, in said Vail's S.W. Addition, a distance of 113 feet, more or less; thence Easterly along the South line of Lot 14 and said line extended to the N.W. corner of Lot 7, Block 8, in said Vail's S.W. Addition, a distance of 129.5 feet, more or less; thence in a Southeasterly direction to a point on the East line of Lot 31, Block 8, in said Vail's S.W. Addition, which point is 24.75 feet North of the S.E. corner of said Lot 31, a distance of 306 feet, more or less; thence Southerly along the East line of Lot 31 to the North R.O.W. line of Monroe Street, a distance of 25 feet, more or less; thence Easterly along said North R.O.W. line to the West R.O.W. line of Lafayette Street, a distance of 179 feet, more or less; thence Southerly along said West R.O.W. line to the North R.O.W. line of South Street, a distance of 492.5 feet, more or less; thence Westerly along said North R.O.W. line to the point of beginning, a distance of 801 feet, more or less. EXHIBIT "D" MORRIS CIVIC AUDITORIUM AND PALAIS ROYALE BALLROOM While primarily a Performing Arts Complex, several groups have held convention -type meetings in the facility. In 1996, the United Way held its annual fundraising kickoff meeting in the ballroom. In addition, the Convention and Visitors Bureau and the Michiana Arts and Sciences group each held monthly meetings in the Grand Lobby of the facility. The Morris is a regional facility drawing in patrons from a radius of over sixty (60) miles. The above described real estate located in South Bend, Indiana is more particularly described as follows: Lot Numbered Six (6) and a lot or parcel of land twenty -four (24) feet in width, north south, taken off of and from the entire length of the south side of Lot Numbered Five (5), all as shown on the original plat of the City of South Bend, Indiana. EXHIBIT "E" STUDEBAKER NATIONAL MUSEUM The Studebaker National Museum is a facility owned by the City of South Bend which houses the City's collection of Studebaker vehicles and archives, as well as other items which reflect the industrial history of the South Bend area. The collection is managed by Studebaker National Museum, Inc., a not - for - profit corporation organized and existing pursuant to the laws of the State of Indiana. The above - described real estate located in South Bend, Indiana, is more particularly described as follows: Lots Numbered Forty -six (46), Forty -seven (47), and Forty -eight (48) as shown on the recorded Plat of Samuel Martin's Addition to the Town, now City of South Bend, recorded in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 28, together with the East Half (1/2) of the vacated alley lying West of and adjacent to Lots Numbered Forty -six (46), Forty -seven (47) and Forty -eight (48) and together with the South Half (1/2) of the vacated alley lying North of and adjacent to said Lot Forty -six (46), and Lots Numbered Fifty -eight (58), Fifty -nine (59) and Sixty (60) as shown on the recorded Plat of Samuel Martin's Addition to the Town, now City of South Bend, recorded in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 28, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lots and together with the South Half (1/2) of the vacated alley lying North of and adjacent to said Lot Fifty -eight (58).