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HomeMy WebLinkAboutDesignating the Stuedbaker Corridor Development Areato be Blighted for Purposes of Compliance with Tax Reform Act 1986 RESOLUTION NO. 1511-87 Passed by the Common Council of the City of South Bend, Indiana, May 26, 19 87. Attest: ■ ./ City Clerk Attest:,` _L/„� ,/ r �' ! 1 President of Common Council. / / Presented by me to the Mayor of the City of South Bend, Indiana May 27 , 19 87 f-cat City Clerk Approved and signed by me - /Y9 41 9 / 19 . ir, , Mayor RESOLUTION A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DESIGNATING THE STUDEBAKER CORRIDOR DEVELOPMENT AREA TO BE BLIGHTED FOR PURPOSES OF COMPLIANCE WITH THE TAX REFORM ACT OF 1986, APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN FOR THE STUDEBAKER CORRIDOR DEVELOPMENT AREA. WHEREAS, the South Bend Redevelopment Commission (Commission) , pursuant to Indiana Code 36-7-14-1 et seq. , (Act) , has conducted : additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City) , St. Joseph County, Indiana, designated by the Commission as the Studebaker Corridor Development . Area (Area) , which area is more particularly described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the intersection of the centerline of Prairie Ave. and the northerly right-of-way line of the New York Central Railroad; thence, southeasterly along said line to the southeast corner of Lot #20 in the recorded plat of "Martin & Tutt' s Addition to the City of South Bend"; as recorded in the records of said county; thence, southeasterly to the southwest corner of Lot #12 in said plat; thence, east along the line between Lots 12 & 13 in said plat to the centerline of a north-south alley lying between Main and Michigan Streets; thence, south along said centerline to the centerline of the first alley north of Tutt Street; thence, east along said line 35.00 ft. to the centerline of the first alley west of Michigan Street; thence, south to the centerline of Sample Street; thence, west along said centerline to the alley lying between Michigan and Main Streets; thence, south along said line to the centerline of Indiana Street; thence, west along said line to the centerline of Franklin Street; thence, north along said line to the centerline of the South Bend & St. Joseph Railroad; thence, west along said line to the centerline of Kendall Street; thence, north along said line to the centerline of Cotter Street; thence, west along said line to the centerline of Prairie Ave. ; thence northeasterly along said line to the centerline of Chapin Street as shown on the recorded plat of "Inter Belt Industrial. Park" as recorded in Book 21 of plats on Page 1 in the . records of said county; thence, north along said line to the centerline of Prairie Ave. as shown on said plat; thence, east along said line 363.11 ft. to a point of curvature; thence around a 286.48 ft. radius curve to the left an arc distance of 302.26 ft. to a point of tangent; thence, northeasterly along said centerline to the point of beginning. WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 801 that the area remains blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by continued acquisition and redevelopment of the Area under the provisions of the Act; and 1 WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition. and the parts of the Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, the Commission has readopted the Studebaker Corridor: Development Plan (Development Plan) to serve as the plan for the redevelopment of the Area; and WHEREAS, the Commission has found and determined in its Resolution No. 801 that there is a substantial presence of factors. such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 801, together with supporting data, to the Area Plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No. 93 , adopted on May 19, 1987, approved, ratified. and confirmed the Development Plan and determined that Resolution No. 801 and the Development Plan conform to the master plan of development for the City of South Bend; and- WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from- participation in or be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally-assisted project. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 93 , attached hereto as Exhibit B and made a part hereof, is in all respects approved. Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard_ structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that . the Area which has previously been found by the Commission to be blighted, continues to be blighted to an extent that cannot be - corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the Area under the Act. 2 Section 4. The Common Council hereby finds that the Area continues to be a menace to the social and economic interest of the . City and its inhabitants, and it will continue to be of public utility and benefit to continue to acquire and redevelop the Area under the Act. Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the area. Section 6. The Common Council hereby finds and determines that the Area consists of two hundred twenty ( 220) acres and is contiguous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required ,by Section 144(c) , and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c) . Section 8. The Common Council hereby finds and determines that the Commission' s Resolution No. 801 and the Development Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolution No. 762, as approved by previous resolution of the . Common Council, which includes but is not limited to the approval of the designation and establishment of the Studebaker Corridor Allocation Area (South Bend Allocation Area No. 6) , pursuant to Section 39 of the Act. Section 10. The Common Council hereby assures the United. States of America of full compliance by the City with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that title. Section 11. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ' '1•er •f the South Be/Common Common Council . R3ES lied In Clerk's Office 'PRESENTED .5-- 6 " 89 3 MAY 2 01987 NOT APPROVED 7 GAMMON mx*TED Jr-4241-1/ IR E CRY CLERK, SO. BEND, IF �,, CITY of SOUTH BEND a 'Id 4 n, ROGER O. PARENT, Mayor 4,0,Otiiliert* A ■-, %���� DEPARTMENT OF ECONOMIC DEVELOPMENT I � rt-:;fig 0�O®��� 417 1200 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 48601 219/284-9377 JON R. HUNT EXECUTIVE DIRECTOR ANN KOLATA DEPUTY EXECUTIVE DIRECTOR May 18, 1987 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear Council Members: Enclosed is a Common Council Resolution designating the Studebaker Corridor Development Area to be blighted and approving the order of the Area Plan Commission with regard to the Development Plan for the Area. This resolution is necessary in order to be in compliance with the Tax Reform Act of 1986. There is no change to the Development Plan for the Area. I have enclosed a copy of Redevelopment Commission Resolution No. 801, the Development Plan for the Studebaker Corridor Development Area and the Area Plan Commission's Resolution No. 93 approving the Redevelopment Commission' s action. I respectfully request your approval of this Resolution. Sincerely, Ann E. Kolata Deputy Executive Director D/16 REDEVELOPMENT COMMUNITY DEVELOPMENT HOUSING REHABILITATION HUMAN RIGHTS FISCAL 8 PROGRAM ANN KOLATA B BUSINESS ASSISTANCE KATHRYN BAUMGARTNER MARY E. ALLEN MANAGEMENT 284-9371 DONALD INKS 284-9475 284-9355 ELIZABETH LEONARD 284-9335 284-9335 RESOLUTION # 93 RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, DETERMINING THAT DECLARATORY RESOLUTION NO. 801, REDECLARING THE STUDEBAKER CORRIDOR DEVELOPMENT AREA TO BE BLIGHTED FOR PURPOSES OF COMPLIANCE WITH THE TAX REFORM ACT OF 1986 , CONFORMS TO THE MASTER PLAN OF THE CITY OF SOUTH BEND AND APPROVING THAT RESOLUTION AND THE DEVELOPMENT PLAN. WHEREAS, the City of South Bend, Indiana, Redevelopment Commission (Commission) has approved and adopted Resolution No. 801, redeclaring the Studebaker Corridor Development Area (Area) to be blighted to conform with the Tax Reform Act of 1986, has readopted the Development Plan for the Studebaker Corridor Development Area (Development Plan) , and has submitted Resolution No. 801 and the Development Plan to the . Area Plan Commission of St. Joseph County for approval pursuant to the provisions of Indiana Code 36-7-14-1, et seq. , (the Act) , which Resolution and Development Plan are attached hereto and made a part hereof; and WHEREAS, pursuant to the provisions of the Act, the Commission desires to redeclare the Area to be blighted and to readopt the Development Plan. NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana, as follows: 1. Resolution No. 801 and the Development Plan conform to the Master Plan of Development for the City of South Bend. 2. The Development Plan is in all respects approved, ratified and confirmed. 3. The Area Plan Commission of St. Joseph County, Indiana has given consideration to the transitional and permanent provision for adequate housing for the residents of the Area who will be displaced by the redevelopment project and has reviewed the Relocation Policy for the Area adopted by the South Bend Redevelopment Commission in its Resolution No. 762 and as,previously reviewed 'by this Commission prior to adopting our Resolution No. 87. 4. Resolution No. 801 of the South Bend Redevelopment Commission, redeclaring the Studebaker Corridor Development Area to be blighted for purposes of compliance with the Tax Reform Act of 1986, is in all respects approved, ratified, and confirmed. 5. This resolution hereby constitutes the written order of the Area Plan Commission of St. Joseph County approving Resolution No. 801 and the Development Plan pursuant to I.C. 36-7-14-16. 6. The Secretary is hereby directed to file a copy of Resolution No. 801 and the Development Plan with the minutes of this meeting. Passed by the Area Plan Commission of St. Joseph County, Indiana, this day of May, 1987. 0 40 Jo n Leszczynski, -ident -tuber, Area Plan Commission of St. Joseph County, Indiana Attest : au/ — ��- Secretary EXHIBIT A South Bend Common Council Resolution No. Studebaker Corridor Development Area Findings of Fact May 26, 1987 In 1986, the South Bend Redevelopment Commission declared the Studebaker Corridor Development Area to be blighted and on February 14, 1986, conducted a public hearing and adopted its Findings of Fact based on evidence of blight presented at that time. In order to comply with the Tax Reform Act of 1986, the redevelopment staff has re-examined that evidence of blight and has presented that evidence to the South Bend Commission Council on May 26, 1987. The South Bend Common Council has found that the Studebaker Corridor Development Area, which has previously been found by the Redevelopment Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Indiana Redevelopment Law IC 36-7-14-1, et. seq. Blight is found in the area based on the following facts: 1. Forty-nine percent (49%) of the total building floor area in the Studebaker Plant Complex is vacant or underutilized. 2. Sixty-four percent (64%) of the total building floor area in the north section (i.e. , north of Sample Street) of the Studebaker Plant Complex is vacant or underutilized. 3. The condition of buildings in the Studebaker Plant Complex is deteriorating. Almost half (46% ) of these buildings have an exterior condition that is "poor" or "very poor" while about 30% are classified as being in "poor" or "very poor" overall condition. 4. Thirty-two percent (32%) of the land and buildings in the areas (Sub-Areas A and B) adjacent to the main plant complex are vacant or underutilized. This is especially prevalent in Sub-Area A (i.e. , Franklin and Lafayette Streets ) where forty-five percent (45%) of the land and buildings are vacant or underutilized. 5. Over twenty-eight percent (28% ) of all buildings in the adjacent area are classified as being in "poor" or "very poor" condition. The majority of these deteriorating structures are residential. Jose T. Serg- , Pre +:ent Bout' Bend Common Cow cil ATTEST: �( Irene Gammon, City Clerk mm/2A