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REGULAR MEETING NOVEMBER 9, 2009 <br /> <br /> <br />RESOLUTION NO. 4001-09 A RESOLUTION CONFIRMING THE <br /> ADOPTION OF A DECLARATORY <br /> RESOLUTION DESIGNATING CERTAIN <br /> AREAS WITHIN THE CITY OF SOUTH <br /> BEND, INDIANA, COMMONLY <br /> KNOWN AS 1015 NORTH FRANCES <br /> STREET AS RESIDENTIALLY <br /> DISTRESSED AREAS FOR PURPOSES <br /> OF A (5) FIVE-YEAR RESIDENTIAL <br /> REAL PROPERTY TAX ABATEMENT <br /> FOR PETER AND NANCY KILPATRICK <br /> <br />WHEREAS, the Common Council of the City of South Bend, Indiana, has <br />adopted a Declaratory Resolution designating certain areas within the City as <br />Residentially Distressed Areas for the purpose of tax abatement consideration; and <br /> <br />WHEREAS, a Declaratory Resolution designated the area commonly known as <br />1015 North Frances Street, South Bend, Indiana, and which is more particularly <br />described as follows: <br /> <br />That part of the Northeast Quarter of Section 1, Township 37 North, <br />Range 2, Portage Township, City of South Bend, St. Joseph County, <br />Indiana which is described as: <br /> <br />Lot # B of the Plat of “Frances Street Minor Subdivision” recorded as <br />Document No. 0835847 in the Records of the St. Joseph County, Indiana <br />Recorder’s Office. <br /> <br />Containing 0.185 acres more or less. Subject to all legal highways, <br />easements & restrictions of record. <br /> <br />, <br />and this property has Tax Key Number 18-5105-3672.01be designated as a <br />Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., <br />and South Bend Municipal Code Sections 2-76 et seq., and; <br /> <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public <br />hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; <br />and <br /> <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance’s and objections from interested persons; and <br /> <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <br />SECTION I. The Common Council hereby determines and finds that the petition for real <br />property tax abatement and the Statement of Benefits form meet the requirements of <br />Indiana Code 6-1.1-12.1 et seq., for tax abatement. <br /> <br />SECTION II. The Common Council hereby determines and finds that the area meets one <br />of the following conditions as formally established in Ordinance No. 9394-03, which was <br />passed on February 10, 2003: <br /> <br />A. The area is comprised of parcels that are either unimproved or contain only <br />one (1) or two (2) family dwellings designed for up to four (4) families, <br />including accessory buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br /> i. the subject of an order issued under IC 36-7-9; or <br /> ii. evidencing significant building deficiencies; or <br /> 14 <br /> <br />