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WHEREAS, the Company filed in April 2015 the Compliance with Statement of <br />Benefits Personal Property ( "Form CF- 1/PP ") with reportingksouthbendin.gov, <br />bzeebgsouthbendin.gov and sheintze @southbendin.gov; and <br />WHEREAS, the Company filed on May 15, 2015 with the Assessor the Business <br />Tangible Personal Property Assessment Return (Form 103 - LONG). <br />WHEREAS, the Company has since filed with the County Assessor the Form 103 - <br />ERA and Form CF -l/PP for the March 1, 2015 assessment year to incorporate and detail <br />the ERA deduction from installing new manufacturing equipment, new logistical <br />distribution equipment, new research and development equipment and /or new technology <br />equipment; <br />WHEREAS, the Company's Form CF -1 /PP and Form 103 -ERA for the March 1, <br />2015 assessment (attached as Exhibit A) was submitted after May 15, 2015; <br />WHEREAS, the Company is requesting pursuant to Sections 9.5 and 11.3 of the <br />Act, that the Common Council waive the requirement that the Company's Form CF -1/PP <br />and Form 103 -ERA be submitted to the County Assessor and County Auditor by May 15, <br />2015 (the "Waiver "); <br />WHEREAS, any noncompliance related to this Waiver request has been corrected <br />prior to the adoption of this Waiver; <br />WHEREAS, the Company has requested that the Common Council exercise its <br />authority as the Designating Body to waive noncompliance by adopting a resolution <br />pursuant to Sections 9.5 and 11.3 of the Act; <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br />SECTION I. The Company has presented testimonial evidence of the following <br />facts in support of this resolution: <br />A. The Company was unaware that the Form 103 -ERA and Form CF -1 needed to <br />be filed with the Assessor's Office. <br />B. All noncompliance has been rectified prior to presenting this Waiver to the <br />Common Council. <br />C. As detailed in the Form CF -1/PP, the Company has exceeded all projections <br />initially contemplated from this project that is the subject of the personal <br />property abatement. <br />SECTION II. The foregoing facts, taken together, lead the Common Council to <br />conclude that compelling reasons exist to waive the applicable filing deadlines. <br />US.106317781.01 <br />I \10600916.2 <br />