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08-08-11 Council Agenda & Packet
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08-08-11 Council Agenda & Packet
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WHEREAS, as a result of an employee's departure from Holladay Properties, the <br /> Taxpayer (through an inadvertent oversight) did not timely file a Form 322 ERA/RE <br /> "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization <br /> Areas" (the "Application Form") on the Huron. Building which was to be filed within thirty (30) <br /> days after receiving notice of an assessment for the First Tax Year (as contemplated under IND. <br /> CODE § 6-1.1-12.1-5); and <br /> WHEREAS, this oversight was an unusual occurrence for Holladay Properties, which <br /> pays significant annual real property taxes and has made diligent efforts in good faith to make all <br /> required Indiana tax flings (including abatement filings) on a timely basis; and <br /> WHEREAS, the Taxpayer filed a belated Application Form to claim benefits of the <br /> property tax abatement for the First Tax Year(together with its filing of an Application Form to <br /> preserve the benefit of property tax abatement for subsequent years) with the St. Joseph County <br /> Auditor,which Application Form was denied due to the belated nature of the filing; <br /> WHEREAS, the Common Council recognizes that (a) the Taxpayer fulfilled its pledge to <br /> build a new light industrial facility in the City of South Bend and thereby to enhance the tax base <br /> and support employment in the City; (b) the Taxpayer has requested a waiver of its inadvertent <br /> oversight for late filing of the Application Form to claim benefits of the tax abatement for the <br /> First Year, which the Common Council has the power and authority to approve under Indiana <br /> law, and (c) the Taxpayer would have been entitled to receive the tax abatement benefits for the <br /> First Year had no noncompliance event occurred; and <br /> WHEREAS, the Indiana General Assembly has expressed the policy of this State by <br /> enacting laws that expressly permit tax abatement noncompliance events such as the untimely <br /> filing of an Application Form to be waived; and <br /> WHEREAS, the noncompliance event has been corrected, and a public hearing of the <br /> Common Council has been held on the subject of this Resolution. <br /> NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND,AS FOLLOWS: <br /> SECTION 1. The Taxpayer has presented testimonial and documentary evidence <br /> supporting the Taxpayer's (a) fulfillment of its obligations detailed in its original Statement of <br /> Benefits and its application for tax abatement related to the construction of a 150,000 square <br /> light industrial facility in the City of South Bend at 5102 Dylan Drive, South Bend, Indiana (the <br /> "Property"), and (b) inadvertent oversight leading to a belated filing of the Form 322 ERA/RE <br /> "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization <br /> Areas" to claim the benefits of tax abatement for the March 1, 2009 assessment date on the <br /> Property. <br /> SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude <br /> that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated <br /> as part of the 2006 Resolution (the "Abatement") and that its belated fling of an application <br /> 2 <br />
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