78-17 Tax Abatement Enforcement - Laserfiche WebLink

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING A SECTION OF CHAPTER 2, ARTICLE 6, SECTION 2-84.14 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS STATEMENT OF PURPOSE AND INTENT It is the intention of the City of South Bend to enforce its tax abatement ordinance and provide assurance to the public that taxpayer subsidies are used to provide real benefits to the community and that companies receiving taxpayer subsidies via tax abatements are complying with the terms of the abatement throughout the life of the abatement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 6, Section 2-84.14 is hereby amended by adding paragraphs 0), (k), and (1)to read as follows: Sec. 2-84.14. - Failure of petitioner to comply may result in fines being imposed or termination of economic revitalization designation and repayment of taxes previously abated. (j) Petitioner must inform each of its employees of the benefits provided to them due to the terms and conditions of its abatement by posting these terms and conditions in conspicuous locations throughout petitioner's premises including in places where EEOC posters are displayed. The posted benefits should include instructions as to how and where an aggrieved employee may file a complaint. Also, all new employees shall be given written notice of the employee benefits due to this abatement at the time of employment. (k) The chief executive officer,president, managing partner, general partner, managing member, owner, or their approved designee, of the petitioner shall represent and warrant to the Department of Community Investment ("DCI")under penalty of perjury within 120 days of the end of each calendar year in which the petitioner receives the tax benefit of an abatement,that the petitioner is in compliance with the terms and conditions of the abatement. (1) DCI shall randomly audit no less than five tax abatement recipients each calendar year and certify the recipients' compliance with the terms and conditions of the their abatements. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication.