11-28-05 Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 28, 2005 WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 100 through 106, Ireland Woods Subdivision, Section Two, Part One, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1809 Overlook Ct. Lot 100 Ireland Woods Subdivision 23-1040-223202 1870 Overlook Ct. Lot 101 Ireland Woods Subdivision 23-1040-223203 1825 Overlook Ct. Lot 102 Ireland Woods Subdivision 23-1040-223204 1833 Overlook Ct. Lot 103 Ireland Woods Subdivision 23-1040-223205 1841 Overlook Ct. Lot 104 Ireland Woods Subdivision 23-1040-223206 1849 Overlook Ct. Lot 105 Ireland Woods Subdivision 23-1040-223207 1857 Overlook Ct. Lot 106 Ireland Woods Subdivision 23-1040-223208 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1- 25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 9