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HomeMy WebLinkAboutApproving the Development Plan and Conditions under which relocation payments will be made in the East Bank Development Area�I RESOLUTION NO. JA_q_—W1 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE IN THE EAST BANK DEVELOPMENT AREA WHEREAS, the City of South Bend Department of Redevelopment has, pursuant to the Redevelopment of Cities and Towns Act of 1953, as i amended (the "Act "), conducted surveys and investigations and has thoroughly studied that area in the City of South Bend, County of St. Joseph, State of Indiana, hereby designated as the East Bank Develop- ment Area which is more particularly described by a line drawn 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, viz: Beginning at the point of intersection of the North right -of -way line of Sorin Street with the East right -of -way line of Niles Avenue in said City; thence South along said East right -of -way line of Niles Ave- nue to the centerline of the first fourteen (14) foot alley lying North of Cedar Street and between Niles Avenue and Hill Street; thence East along said center- line, to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence South, along said Hill Street centerline, to the centerline of Jefferson Boule- vard; an eighty -two and one -half (82.5) foot right -of- way; thence West, along said Jefferson Boulevard center- line to the center of the St. Joseph River; thence in a Northwesterly and Northeasterly direction along the centerline of said River to its intersection with the projected North right -of -way line of said Sorin Street; thence East, along said projection and along said North right -of -way line to the East right -of -way line of Niles Avenue which is the place of beginning. WHEREAS, upon such surveys, investigations and studies being made, it has been found by the City of South Bend Redevelopment Com- mission that the above - described area has become blighted to an ex- tent that such blighted conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Act, and it has been further found that the public health and welfare would be benefitted by acquisition in and redevelopment of such area under the provisions of the Act; and WHEREAS, the Commissioners have caused to be prepared maps and plats showing the boundaries of such blighted area, the location of the various parcels of properties, streets and alleys and other fea- tures affecting the acquisition, clearance, replatting, replanning, rezoning and redevelopment of such area, and indicating the parcels of property to be included or excluded in the acquisition and portions of the area to be acquired which are to be devoted to streets, alleys, levees, sewerage, parks, playground and other public purposes under the redevelopment plan; and WHEREAS, there was presented to a meeting of the Governing Body. of the City of South Bend Department of Redevelopment for i.ts consid- eration and approval, a copy of a Development Plan for the project area dated October 3, 1980, which plan is entitled: -2- "DEVELOPMENT PLAN EAST BANK DEVELOPMENT AREA SOUTH BEND, INDIANA" and consists of 24 pages; and WHEREAS, there was approved by the City of South Bend Redevelop- ment Commission on January 16, 1981 Resolution No. 632 designating the East Bank Development Area, more particularly described in the first WHEREAS above, to be an allocation area known as South Bend Allocation Area No. 2 and that taxes levied on real property in such area for collection in 1981 and thereafter be allocated and distributed as pro- vided in I. C. 18 -7 -7 -39.1 and as particularly described in paragraphs 9 and 10 of Resolution 632. WHEREAS, the Development Plan has been reapproved by the City of South Bend Redevelopment Commission, as evidenced by the copy of said Body's duly certified Resolution No. 632 approving the Develop- ment Plan and amending the Declaratory Resolution No. 626; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly designated and acting official planning body for the Project Area, has submitted to the Common Council its report and recommenda- tions respecting the Development Plan and Resolution No. 632 and has certified that the Development Plan and;Resolution No. 632 conform to the general plan for the Project Area as a whole, and the Common Coun- cil has duly considered the report, recommendation, and certification of the planning body; and WHEREAS, it is necessary that the Common Council take appropriate official action respecting the Development Plan and Resolution No. 632, in accordance with I.C. 18- 7 -7 -13 and 18 -7 -7 -39.1; and WHEREAS, the Common Council is cognizant of the conditions that are imposed in the undertaking and carrying out of projects with Federal financial assistance, including, but not limited to, those proscribing discrimination because of race, age, color, creed, sex or national origin; NOW,, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area and qualifies as an eligible Project Area under the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7). 2. That the Development Area and Resolution No. 632 presented at this meeting for the Project, having been duly reviewed and considered, are hereby approved, and the City Clerk directed to file copies of the Development Plan and Resolution No. 632 with the minutes of this meeting. 3. That it is hereby found and determined that the Development Plan and Resolution No. 632 conform to the general plan of the City and County. 4. That it is hereby found and determined that the above - mentioned Development Plan and Resolution No. 632 will afford maximum opportunity, con - sistent with the sound needs of the City and County as a whole, for the development of such.. areas by private enterprise. -3- 5. That Resolution No. 632 of the City of South Bend Redevelopment Commission, amending Declar- atory Resolution No. 626, establishing South Bend Allocation Area No. 2 in the Project Area pursuant to Indiana Code 18 -7 -7 -39.1 is hereby approved. 6. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. FRtUNTED 0 — q— 0" NOt App OVED AbOPUD FEB S' emb r of the Common Council FILED IN CLER I'S OFFICE FEB 51981 Irene Gammon CITY QJRK, SDU1H BEND, IND. RESOLUTION N0. 632 RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION AMENDING RESOLUTION NO. 626 DECLARING THE EAST BANK DEVELOPMENT AREA TO BE BLIGHTED AND APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE ('MADE. WHEREAS, the City of South Bend Redevelopment Commission ( "Commission ") governing body of the City of South Bend Department of Redevelopment ( "Depart- ment") did on October 3, 1980 adopt Resolution No. 626 declaring the following area to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953 (I.C. 18 -7 -7) ( "Act "): 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, viz: Beginning at the point of intersection of the North right -of -way line of Sorin Street with the East right -of -way line of Niles Avenue in said City; thence South along said East right -of -way line of Niles Avenue to the centerline of the first fourteen (14) foot alley lying North of Cedar Street and between Niles Avenue 'and Hill Street; thence East along said centerline, to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence South, along said Hill Street centerline, to the centerline of Jefferson Boulevard; an eighty -two and one -half (82.5) foot right -of -way: thence West, along said Jefferson Boulevard centerline to the center of the St. Joseph River; thence in a Northwesterly and Northeasterly direction along the centerline of said River to its intersection with the projected North right -of -way line of said Sorin Street; thence East, along said projection and along said North right -of -way line to the East right -of -way line of Niles Avenue which is the place of beginning. WHEREAS, said Resolution No. 626 was reconfirmed by Resolution No. 630, adopted on December 19, 1980; and WHEREAS, Section 39.1 of the Act has been created and amended to permit the creation of "allocation areas" within a blighted area and to provide for the allocation and distribution, as provided in the Act, of the proceeds of taxes levied on real property situated in an allocation area; and WHEREAS, this Commission deems it advisable to apply the provision of said Section 39.1 to the financing of the urban renewal plan described in the Declaratory Resolution; and WHEREAS, it is necessary for that purpose to amend the Declaratory Resolution No. 626: -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION, governing body of the Department as follows: SECTION I. The Declaratory Resolution No. 626 shall be amended by add- ing the following paragraphs thereto: 7. For purposes of the allocation provisions of the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 18 -7 -7) ( "Act "), the follow- ing areas of the blighted area-described in this Resolution shall be constituted an "Allocation Area" for purposes of the Act and this Resolution: Beginning at the point of intersection of the North right -of -way Line of Sorin Street with the East right -of -way line of Niles Avenue in said City; thence South along said East right -of -way line of Niles Avenue to the centerline of the first four- teen (14) foot alley lying North of Cedar Street and between Niles Avenue and Hill Street; thence East along said centerline, to the centerline of Hill Street, a sixty -six (66) foot right -of -way; thence South, along said Hill Street centerline, to the centerline of Jefferson Boulevard; an eighty -two and one -half (82.5) foot right -of -way; thence West, along said Jefferson Boulevard center- line to the center of the St. Joseph River; thence in a Northwesterly and Northeasterly direction along the centerline of said River to its intersection with the projected North right -of -way line of said Sorin Street; thence East, along said projection and along said North right -of -way line to the East right - of -way line of Niles Avenue which is the place of beginning. (See Attachment "A") 8. Such allocation area shall be designated the "East Bank Development Allocation Area" ( "South Bend Allocation Area No. 2 "). 9. Any taxes levied on real property in said South Bend Allocation Area No. 2 in 1980, for collection in 1981, and thereafter, except as hereinafter provided, for the benefit of any taxing unit entitled to a distribu- tion thereof, shall be allocated and distributed as provided in the allocation and distribution provisions of the Act, and more particularly as follows: (a) the proceeds of such taxes attributable to the lesser of (i) the assessed value of all such property in said Allocation Area No. 2 for the assessment date with re- spect to which the allocation and dis- tribution is made or (ii) the assessed value of all such property as finally determined for the assessment date immediately preceeding the effective date of these allocation provisions, which assessment date is March 1, 1980, shall be allocated to, and when collected shall be paid into the funds of the re- spective taxing units entitled to a dis- tribution of such taxes; 191M (b) the proceeds of such taxes in excess of those described in clause (a) above shall be allocated to the Department, and when collected shall be paid into a special fund hereinafter created. 10. The proceeds of such taxes distributed to the Department pursuant to Paragraph 9(b) hereof shall be deposited in a special fund designated "South Bend Department of Re- development East Bank Development Allocation Area (A1- location Area Flo. 2) Special Fund" ( "Special Fund "), and may be used only as provided in the Act, and more parti,�,wlarly (a) to pay principal of and interest on any obligations issued by the Department for the purpose of financing or refinancing the redevelopment of Alloca- tion Area No. 2, or (b) to reimburse the City for ex- penditures made by it for public improvements in Allocation Area No. 2, or for rentals paid by it for a building or off: street parking facility in Allocation Area No. 2 under any lease entered into pursuant to Indiana Code 18- 5 -3.3. When money in the Special Fund shall be sufficient to pay when due all principal'of and interest on obligations payable therefrom, any excess over such amount shall be paid to the respective taxing units entitled thereto in the manner provided in Paragraph 9(a) hereof, and thereafter the allocation and distribution provided for in Paragraph 9 hereof shall be discontinued, and taxes on real property in Allocation Area No. 2 shall thereafter be distributed without regard to the provisions of Section ,39.1 of the Act. 11. The provisions of this Declaratory Resolution shall be subject in all respects to the Act. SECTION II. This resolution, together with any supporting data, shall be submitted to the St. Joseph County Area Plan Commission and the City Council of the City as provided in Indiana Code 18- 7 -7 -13, and if approved by the Area Plan Commission and City Council shall be submitted to public hearing and remonstrance as provided by Indiana Code 18- 7 -7 -14, after public notice as required by said section. . SECTION III. All orders or resolutions in conflict herewith are hereby repealed insofar as such conflict exists. Adopted at a meeting of the South Bend Redevelopment Commission held on January 16, 1981, at the Office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT —By S �� President, .edeve opment Commis, ion ATTEST: Asst. S cretary, Redevelopment Commission i�Ltachi;.ent "P," lO L RESOLUTION NO. .S 5 RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA DETERMINING THAT DE- CLARATORY RESOLUTION NO. 632, AND CERTAIN AMENDMENTS TO A DEVELOPMENT PLAN FOR THE EAST BANK DEVELOPMENT AREA AND THE DESIGNATION OF AN ALLOCATION AREA AND ALLOCATION PLAN PURSUANT TO INDIANA CODE 18 -7 -7 -30.1 APPROVED AND ADOPTED BY THE CITY OF SOUTH BEND REDEVELOPMENT COMMIS- SION CONFORMS TO THE MASTER PLAN OF THE CITY OF SOUTH BEND,; AND APPROVING THAT RESOLUTION AND THE DEVELOPMENT PLAN AS AMENDED. WHEREAS, the City of South Bend Redevelopment Commission has approved and adopted Declaratory Resolution No. 632 amending certain resolutions declaring the East Bank Development Area to be blighted and approving a Development Plan and conditions under which relocation payments will be made for the East Bank Development Area by designating certain areas to be allocation areas and approv- ing an allocation plan for the financing of the Development Plan as provided for in Indiana Code 18 -7 -7 -39.1 and has submitted said Resolution and Plan to the Area Plan Commission of St. Joseph County for approval pursuant to Indiana Code 18- 7 -7 -13, both of which are attached hereto and are made a part hereof; and WHEREAS, pursuant to the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended, (Indiana Code 18- 7 -7 -)( "Act ") the Department of Redevelop- ment desires to designate certain areas of the blighted area described in Resolu- tion No. 632 as an "allocation area" providing for the allocation and distribution of the proceeds of taxes levied on real property included in said allocation area pursuant to the provisions of Section 39.1 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana as follows: 1. That the Development Plan, as amended, for the East Bank Develop- ment Area conforms to the Master Plan of pevelopment for the City of South Bend. 2. That the Development Plan, as amended, for the East Bank Develop - ment Area is in all respects approved, ratified and confirmed. 3. That Resolution No. 632 of the South Bend Redevelopment Commis- sion amending certain resolutions declaring the East Bank Develop - ment Area to be blighted and approving a Development Plan and conditions under which relocation payments will be made for the East Bank Development Area by designating certain portions of said blighted areas as allocation areas and providing for an allocation plan pursuant to Indiana Code 18 -7 -7 -39.1 is in all respects ap- proved, ratified and confirmed. 4. That the Secretary is hereby directed to file a copy of said Declaratory Resolution and certain pages amending the Develop- ment Plan with the minutes of this meeting. Passed by the Area Plan Commission of St. Joseph County, Indiana, this 3 day of 3_e�u (_4, 1981. ATTEST: Richard S. JQffnson Secretary /6,_ I �14 71- �1�111L zzl�_,-,/ 1),wight INVA.ler, President Area Plan Commission of ,LAN St. Joseph County, Indiana \ P� r� Q OUAL H coves