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HomeMy WebLinkAboutNo. 2458 designating and declaring an amendment to the Redevelopment Plan for the South Bend Central Development Area (East Bank Village Master Plan)-l 1 • RESOLUTION NO. 2458 REGORDEU AS PRESENTED ON 06/23/2008 04:06:12PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG FEE: 5103.00 PAGES: 46 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT ~~~ ~~' `~C~~ COMMISSION DESIGNATING AND DECLARING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the City of South Bend, Indiana, Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District"), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in IC 36-7-14 et se ., as amended from time to time (the "Act"); and WHEREAS, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City") known as the South Bend Central Development Area to be a blighted area within the meaning of the Act and an allocation area (the "Original Area") for purposes of tax increment financing, adopted a Redevelopment Plan, as previously amended (the "Original Redevelopment Plan"), and established an allocation fund for said Area all pursuant to Resolution No. 137 adopted by the Commission on May 10, 1985 (the "Declaratory Resolution"); and WHEREAS, pursuant to Section 16(a) of the Act, the Declaratory Resolution was approved by a resolution of the St. Joseph County Area Plan Commission (the "Plan Commission"), constituting its written order approving the Declaratory Resolution and the Original Redevelopment Plan (the "Plan Commission Order"); and WHEREAS, pursuant to Section 16(b) of the Act, the Common Council of the City adopted its resolution which approved of the Plan Commission Order; and WHEREAS, after notice and a public hearing thereon, the Declaratory Resolution was subsequently confirmed by the Commission; and WHEREAS, the Declaratory Resolution has subsequently been amended by the C, Commission; and WHEREAS, the Commission desires to amend the Original Redevelopment Plan by adopting a Master Plan for the East Bank located in the Area (the "Amendment"), which Amendment does not increase the size of the existing Area; and WHEREAS, the Commission has caused to be prepared maps and plats of the Area for purposes of the Amendment, said maps and plats of the Area showing the boundaries of the Area, the location of the various parcels of property, streets and alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning or BDDBOI 5265708v1 • redevelopment of the Area, indicating the parcels of property to be excluded from acquisition or to be excluded from the effects of the Amendment to the Area, and the parts of the Area acquired, if any, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the plans for the redevelopment of the Area, including the Amendment, as adopted herein; and WHEREAS, there was presented to this meeting of the Commission for its consideration and approval, a copy of the Amendment, which Amendment consists of - c~~ (~) pages, and is attached hereto as Exhibit A; and WHEREAS, the Commission has determined that it has no present plans to acquire any interests in real property as part of the Amendment; and WHEREAS, the Amendment conforms to other development and redevelopment plans for the City; NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. The Commission hereby finds and determines that the public health and welfare will be benefited by accomplishment of the Amendment for the Area. 2. The Commission hereby finds and determines that the Amendment is • reasonable and appropriate when considered in relation to the Original Redevelopment Plan and the purposes of the Act. 3. The Commission hereby finds and determines that the Amendment for the Area conforms to the comprehensive plan for the City. 4. The Commission hereby finds and determines that it will be of public utility and benefit to amend the Original Redevelopment Plan for the Area, as set forth herein and in the Amendment and develop it under the Act. 5. The Amendment is in all respects approved and is hereby adopted as the Amendment for the Area. The Amendment shall be entitled "East Bank Village Master Plan - Phase I", and, when combined with the Original Redevelopment Plan, shall be deemed to refer to such Original Redevelopment Plan as so amended. 6. The maps and plats of the Area showing its boundaries, the location of the various parcels of property, streets and alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, redevelopment or economic development of the Area, indicating the parcels of property to be excluded from acquisition or to be excluded from the effects of the Amendment to the Area, and the parts of the Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Original Redevelopment Plan, including the Amendment, are hereby approved and adopted as the maps and plats for the Area. ~~ ~J BDDBOI 5265708v1 - 2 - • 7. No property acquisition is included as part of the Amendment. Except as may have been set forth in the Original Redevelopment Plan with respect to the Area, as amended, the Commission has no present intention of acquiring any interest in real property within the boundaries of the Area. 8. The Secretary is directed to file a certified copy of the Amendment and this Resolution with the minutes of this meeting. 9. This Resolution, together with supporting data, shall be submitted to the St. Joseph County Area Plan Commission and the City of South Bend, Indiana, Common Council, as provided by Section 16 of the Act, for the approval of the Resolution and the Amendment, and if approved by both bodies, the Resolution and the Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 of the Act, after public notice in accordance with Section 17 of the Act and IC 5-3-1 and after all required filings with governmental agencies and officers have been made pursuant to Section 17 of the Act. 10. All other findings, determinations and conclusions contained in the Original Redevelopment Plan shall remain as stated therein. 11. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 12. This Resolution does not affect any rights or liabilities accrued, penalties • incurred, offenses committed, or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 13. This Resolution shall be in full force and effect from and after its adoption by the Commission. ***** • BDDBOI 5265708v] - 3 • ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 13th day of June, 2008, at the County-City Building, Room 1308, 227 West Jefferson Boulevard, South Bend, Indiana. 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