05-29-12 Council Agenda & Packet

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ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A DOWNTOWN MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT STATEMENT OF PURPOSE AND INTENT To complement economic development efforts of cities and towns, the Indiana General Assembly enacted Ind. Code §7.1-3-20-16 (The "Act"). The Act allows the Indiana Alcohol and Tobacco Commission (ATC) to issue one-way, two-way and three-way nontransferable permits without regard to the ATC quota restrictions to restaurants located within an authorized Municipal Riverfront Development Project, funded in part with State and City money. The St. Joseph River is among the City of South Bend's most beautiful and treasured assets, and the optimum utilization of this valuable resource was emphasized in the Central Development Area Development Plan (The "Plan") adopted by the South Bend Redevelopment Commission on May 10, 1995, and last amended December 28, 2010. Riverfront Development was also emphasized in the City Plan, and the East Bank Village Master Plan both of which called for optimum utilization of South Bend's Riverfront property. Through its Resolution No. 4163-12, adopted on March 26, 2012, the South Bend Common Council expressed its interest in establishing a Municipal Riverfront Project. The Council further finds that adoption of a Municipal Riverfront Development Project is consistent with the Plan, and that over 22 Indiana cities and towns have designated a municipal riverfront project, resulting in the issuance of 130 riverfront licenses (ATC designated License No. 221-3) which have fostered economic development in these cities. To encourage new restaurant proprietors to invest in the SBCDA, the South Bend Common Council determines that it is in South Bend's best interest to authorize and establish boundaries for a Municipal Riverfront Development Project in the downtown area, and to work with the City Administration to establish processes and procedures to permit such proprietors to apply to the ATC for a 221-3 Riverfront License. This Ordinance identifies the boundaries of a Municipal Riverfront Development Project, as shown in a map attached as Exhibit "A", and the Council finds that these boundaries comply in all respects with the Act in that the designated area borders on at least one side of the St. Joseph River and the entire authorized real estate as legally described in Exhibit "B" . located within a redevelopment area established under Indiana law, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows.