11-25-02 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 25, 2002 Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, upon such surveys, investigations, and studies being made, the Commission has found and determined in its Resolution No. 1914, that the Area is blighted to the extent that such blighted conditions 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 acquisition in and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has in its Resolution No. 1914 adopted the South Side Development Area Development Plan ( "Development Plan ") to serve as the plan for the redevelopment of the Area; and WHEREAS, the Common Council has received from the Commission certain proposed findings of fact as set forth in the Commission's Resolution No. 1914 which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area; and WHEREAS, in its Resolution No. 1914, the Commission also approved conditions under which relocation payments will be made within the Area and established an Allocation Area for purposes of tax incremental financing; and WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No. 1914 together with the Development Plan and supporting data to the Area Plan Commission of St. Joseph County, Indiana ( "Plan Commission ") for approval; and WHEREAS, the Plan Commission by its Resolution No. 142 -02, adopted on November 19, 2002, approved, ratified and confirmed Commission Resolution No. 1914 and the Development Plan and further, the Plan Commission determined that Resolution No. 1914 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 the order of the Plan Commission and is further required to adopt the Development Plan before the Commission may proceed with acquisition in the Area or otherwise implement the Development Plan; and WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title VI of the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the residents, taxpayers and merchants in the Area. 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, Indiana as expressed in its Resolution No. 142 -02 dated November 19, 2002 that is attached hereto and incorporated herein as Exhibit "A ", is in all respects, approved. Section 2. The Common Council hereby finds and determines that, based upon the evidence presented consisting of maps and plats of the Area and the proposed findings of fact 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 provisions of the Act and that the public health and welfare will be benefitted by the acquisition and redevelopment of the Area. Section 3. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved without extensive rehabilitation of the Area consistent with -14- 1 1 I