17-47 NonCompliance Waiver for Manufacturing Technology, Inc.

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the Common Council has the power and authority to approve under Indiana law, and (c) MTI would have been entitled to receive the tax deduction for the first year of the deduction had no noncompliance event occurred; WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3 as the expression of this State's policy authorizing a local designating body, i.e., the South Bend Common Council, to waive tax abatement noncompliance events such as the untimely or erroneous filing of an application form; and WHEREAS, the noncompliance event has been corrected, and,pursuant to IC 6-1.1-12.1- 11.3(c), a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION I. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax abatement related to the purchase and improvement of the Building located at 402 North Sheridan Street, South Bend, Indiana (the "Property"),and(b)inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322NBD"Application for Deduction from Assessed Valuation Real Property Vacant Building Deduction" to claim the benefits of a tax deduction for the January 1, 2016 assessment date of the Property. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to purchase, improve, and conduct operations at the Property contemplated as part of the 2015 Resolution(the "Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2016 was inadvertent. SECTION III. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable abatement applications in order for the Taxpayer to claim and receive the benefit of the abatement on its investment contemplated as part of the 2015 Resolution as of the January 1,2016 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2016 (Pay-2017)tax year. SECTION IV. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2015 Resolution;(b)the tax abatement application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution,all without further application to or formal action by the Common Council. 2