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HomeMy WebLinkAboutDesignating West Washington-Chapin Development Area to be Blighted for Purposes of Compliance RESOLUTION NO. 1554-87 Passed by the Common Council of the City of South Bend, Indiana, November �� 19 87. Attest: City Clerk rl Attest: .4.1 �� • z4,,/ 6,.� President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana November 24, 19 87. .,J City Clerk Approved and signed by me i r 025 19 g7 . Mayor RESOLUTION I S S q" g 7 RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DESIGNATING THE WEST WASHINGTON-CHAPIN 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 WEST WASHINGTON-CHAPIN DEVELOPMENT AREA, AND ADOPTING THAT DEVELOPMENT PLAN. WHEREAS, the South Bend Redevelopment Commission (Commission) , pursuant to Indiana Code 36-7-14-1, et seq. , (Act) , has conducted surveys and investigations and has thoroughly studied the area described as follows and has adopted its Resolution No. 818 on October 23, 1987, designating the area described as follows to be the West Washington-Chapin Development Area (Area) : 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: COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the centerline of William Street to the Easterly projection of the Southerly right-of-way of the first 14 foot alley; of which BEING the Point of Beginning; BEGINNING at the point of intersection of the described projected Southerly alley right-of-way; thence Westerly along the South right-of-way line to the intersection of the West right-of-way line of Taylor Street; thence North along the West right-of-way line of Taylor Street, to the intersection of the South right-of-way line of Wayne Street; thence West along the South right-of-way line of Wayne Street, to the intersection of the East right-of-way line of Scott Street; thence South along the East right-of-way line, to the intersection of the Easterly projected South right-of-way line of Napier Street; thence West along the South right-of-way line of Napier Street, to the intersection of the centerline of the first 14 foot North-South alley; thence South along the centerline of said 14 foot alley, to the projected Southerly right-of-way line, to the first 14 foot East-West alley; thence West along the projected and South right-of-way line of said alley, to the intersection of the West right-of-way line of Walnut Street; thence South along the East right-of-way line of Walnut Street, to the intersection of the North right-of-way line of the Conrail Railroad (formerly known as the Penn Central Railroad) ; thence Northwesterly along the North right-of-way line of said Conrail Railroad property, and projecting beyond Olive Street, and intersecting a projected centerline of the first North-South 14 foot alley, West of Olive Street (now noted as Block W12-Parcel 1) ; thence North along the projected and centerline of said North-South 14 foot alley, to the intersection of the North right-of-way line of Orange Street; thence East along the North right-of-way line of Orange Street, to the intersection of the East right-of-way line of Olive Street; thence North along the East right-of-way line of Olive Street, to the intersection of the South right-of-way line of Linden Street; thence East along the South right-of-way line of Linden Street, to the intersection of the West right-of-way line of Sadie Street; thence South along the West right-of-way line of Sadie Street, to the intersection of the North property line of Lot 77, in the Arnold's Second Addition, to the City of South Bend (now noted as Block W2-Parcel 21) ; thence East along a projected line of said Lot 77, also along the North line of Lot 56 of said Arnold's Second Addition (now noted as Block W3-Parcel 1) ; thence continuing East along the North line of Lots 34, 53, and 12, of Oak Grove Addition (now noted as Block W3-Parcel 2, Block W4-Parcel 1 and Parcel 2) ; to the intersection of the West right-of-way line of O'Brien Street; thence North along the West right-of-way line of O'Brien Street, to the intersection of the projected North property line of Lot 2 , also of Oak Grove Addition; thence East along the projected and North line of Lot 2 (now noted as Block W5-Parcel 1) ; to the East right-of-way line of Grant Street; thence South along the East right-of-way line of Grant Street, to the approximate mid-point of Lot 19, of College Grove Addition (now noted as Block W6-Parcel 1) ; thence East along a line, and the approximate mid-point of Lot 19, to the East right-of-way line of Johnson Street; thence North to the intersection of a point, being the South line of the approximate North one-third of Lot 20 (now noted as Block W7-Parcel 1) ; thence east along a line projected to an approximate mid-point at Lot 20; thence North along a projected line to the North property line of said Lot 20; thence East along the North property line of Lot 20, and projected to the East right-of-way line of Brookfield Street; thence South along the East right-of-way line, to a point being the approximate mid-point of Lot 21 (now noted as Block W8-Parcel 1) ; thence East along an approximate mid-point line and projecting East, to the intersection of the West right-of-way line of College Street; thence North along the West right-of-way line of College Street, to the intersection of the South right-of-way line of Linden Street; thence East along the South right-of-way line of Linden Street, to the intersection of the East right-of-way line of Birdsell Street; thence South along the East right-of-way line of Birdsell Street, to the intersection of the North property line of Lot 25, of Arnold & Pagin's Subdivision (now noted as Block W21-Parcel 1) ; thence East along the North property line of said Lot 25, to the intersection of the centerline of the first 17 foot North-South alley; thence South along the centerline of said alley, to the intersection of the centerline of the first East-West 16.5 foot alley; thence East along the centerline of said alley, to the intersection of the West right-of-way line of Studebaker Street; thence North to the intersection of a projected North right-of-way line of Hine Street; thence East along the projected and North line of Hine Street, to the intersection of the East right-of-way line of Walnut Street; thence South along the East right-of-way line of Walnut Street, to the intersection of the South property line of the City Cemetery; thence East along the South line of said Cemetery, to the intersection of the East property line of said Cemetery; thence North along the East property line of said Cemetery, to a point approximately 39 feet North of the Northwest corner of Lot 6 of Kuespert & Sommer's Addition (now noted as Block W44-Parcel 7) ; thence Northeasterly along a projected line to the intersection of the centerline of LaPorte Avenue; thence Northwesterly along the centerline of LaPorte Avenue, to the intersection of the projected centerline of the first East-West alley lying North of LaSalle Court; thence East along the centerline of said alley, to the intersection of the West property line of Lot 1, of Horatio Chapin Subdivision; thence South along the West property line of said Lot 1, to the Northwest corner of Lot 3, of Horatio Chapin Subdivision (now noted as Block W52-Parcel 6) ; thence Southeasterly along the North Property lines of Lots 3, 5, 7, 9, and 11 (now noted as Block W52-Parcels 6, 7, 8, 9, and 10) ; to the intersection of the centerline of William Street; thence South along the centerline of William Street to the Point of Beginning; WHEREAS, the Commission 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 in its Resolution No. 818 adopted the West Washington Chapin Development Plan (Development Plan) to serve as the plan for the redevelopment of the Area; and WHEREAS, upon such surveys, investigations and studies being made, the Commission has found and determined in its Resolution No. 818 that the Area is 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 WHEREAS, the Commission has found and determined in its Resolution No. 818 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. 818, together with supporting data, to the Area Plan Commission of St. Joseph County by its Resolution No. 96, adopted on November 17, 1987, approved, ratified and confirmed the Development Plan and determined that Resolution No. 818 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, in its Resolution No. 818 the Commission also adopted the South Bend Central Relocation Policy as applicable to relocation in the Area and established the West Washington Chapin Allocation Area (South Bend Allocation Area No. 7) as an allocation area in the Area for purposes of tax incremental financing; 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 carying 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. 96, 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 been found by the Commission to be blighted, is 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 be benefited by the acquisition and redevelopment of the Area under the Act. Section 4. The Common Council hereby finds that the Area is a menace to the social and economic interest of the City and its inhabitants, and it will be of public utility and benefit 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 South Bend Redevelopment Commission Resolution No. 818 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 hereby recognizes the need for considering the views of the residents, taxpayers, and merchants of the Area in the redevelopment of the Area. 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. Membe '•f the South Bend ' •mmon ouncil PRESENTED y, g NOT APPROVED .�C ,y� OWC� Ned ADOPTED I- 3"$ NOV 1 $ J987 CI �GAMMON a,