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WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3 <br /> as the expression of this State's policy authorizing a local designating body to waive <br /> tax abatement noncompliance events such as the untimely or erroneous filing of an <br /> application form; and <br /> WHEREAS,the Company requests this Common Council to exercise its authority <br /> as the designated body to waive compliance by adopting a resolution pursuant to Ind. <br /> Code § 6-1.1-12.1-11.3 to enable the Company to receive the benefit of the approved tax <br /> abatement for 2016/Pay 2017; and <br /> WHEREAS, the noncompliance event has been corrected, and, pursuant to IC 6- <br /> 1.1-12.1-11.3(c), a public hearing of the Common Council has been held on the subject of <br /> this Resolution. <br /> NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br /> South Bend, Indiana, as follows: <br /> SECTION I. The above recitals are incorporated herein by reference, and the <br /> Common Council specifically finds that petitioner has presented supporting testimonial <br /> evidence of the following facts in support of this resolution: <br /> A. The petitioner states that while the Company did file a timely Form 103-Long <br /> with the Assessor and a CF-1/Personal Property Form with the City of South <br /> Bend,the Company mistakenly and inadvertently failed to file a Form 103/ERA <br /> with attachments with the Assessor's office before May 10, 2016. <br /> B. The Company exceeded the capital expenditure cost stated in the original <br /> petition for tax abatement. The initial projection associated with the purchase <br /> of new equipment for the Company was $265,000 and the actual cost through <br /> December 31, 2016, was $738,568.00. The project has met the employment <br /> representation stated in the original petition for tax abatement from when the <br /> project began operating, until the present date. <br /> C. The project is a positive development to this community. The Company <br /> continues to improve the project and add equipment. <br /> D. All other required documentation has been received from the Company by the <br /> required dates. <br /> SECTION II. The foregoing facts, taken together, lead the Common Council to <br /> conclude that compelling reasons exist to waive the filing deadline. <br /> SECTION III. The Common Council hereby reaffirms that the five-year personal <br /> property tax abatement previously granted to Chase Plastic Services,Inc.in Resolution No. <br /> 4406-14 remains in effect, and it further waives the filing deadline of Form 103-RE by <br /> 3 <br />