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REGULAR MEETING OCTOBER 22, 2007
<br />resolution be adopted by the Common Council before a building permit is
<br />obtained and before redevelopment begins.
<br />H. At all times throughout these proceedings, the Petitioner has acted in good faith,
<br />has promptly cooperated with all requests of the Common Council and the South
<br />Bend Department of Community Development, and has made every effort to
<br />comply, to the best of its ability, with the requirements of law and the policies of
<br />the Common Council.
<br />I. Because of the unusual and adverse circumstances described herein, the Petitioner
<br />proceeded with the redevelopment of the Property without first receiving adoption
<br />of a declaratory resolution by the Common Council.
<br />SECTION II. The foregoing facts, taken together, lead the Common Council to conclude
<br />that compelling reasons exist to waive noncompliance by the Petitioner with certain
<br />conditions precedent to the redevelopment of the Property, in accordance with Indiana
<br />Code section 6-1.1-12.1-11.3.
<br />SECTION III. The Common Council hereby waives such noncompliance, for the
<br />purpose of permitting the Council to proceed with consideration of the Petition on its
<br />merits.
<br />SECTION IV. This Resolution shall be in full force and effect from and after its
<br />adoption by the Common Council and approval by the Mayor.
<br />s/Timothy A. Rouse
<br />Member of the Common Council
<br />RESOLUTION NO. 3805-07 A RESOLUTION OF THE COMMON COUNCIL
<br />OF THE CITY OF SOUTH BEND
<br />DESIGNATING CERTAIN AREAS WITHIN THE
<br />CITY OF SOUTH BEND, INDIANA,
<br />COMMONLY KNOWN AS 6842, 6838, 6834,
<br />6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831,
<br />6835, 6839 AND 6843 STEWART DRIVE; 6919,
<br />6909, 6817, 6805, 6755 (OR 938 VAWTER
<br />CIRCLE), 6731 (OR 939 VAWTER CIRCLE),
<br />6723, 6712, 6722, 6732, 6742, 6804, 6812 AND
<br />6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908,
<br />902, 903, 909, 915, 921, 927 AND 933 VAWTER
<br />CIRCLE ALL IN LAFAYETTE FALLS AS
<br />RESIDENTIALLY DISTRESSED AREAS FOR
<br />PURPOSES OF A (5) FIVE-YEAR
<br />RESIDENTIAL REAL PROPERTY TAX
<br />ABATEMENT FOR KENDALL-WEISS, LLP
<br />WHEREAS, a Statement of Benefits and a petition for residential real property
<br />tax abatement have been submitted to and filed with the City Clerk for consideration by
<br />the Common Council of the City of South Bend, Indiana, requesting that the area
<br />commonly known as 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6823, 6827, 6831, 6835,
<br />6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER
<br />CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804,
<br />6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921,
<br />927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS, South Bend, Indiana,
<br />and which is more particularly described as follows:
<br />Legal Description: lots 396 through 402 and 410 through 415 within Lafayette
<br />Falls, Phase III, Section One:
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