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Home My WebLink AboutDesignating Tax Abatement - Various Overlook Court - Ullery Development, LLCRESOLUTION 3633-06 Passed by the Common Council of the City of South Bend, Indiana August 28 06 20 Attest: ~`'°""'°` ('~~~ ~ ~'~ l ~ City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 29, 20 06 City Clerk Approved and signed by me Au~us t 30 20~ . ~~ ~ ~ ~~~ RESOLUTION NO. 3 ~° 3 3 _~~ A RESOLUTION OF THE COMMON COUNCIL OF THE. CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1810,1818,1826,1834,1844,1852,1860, AND 1868 OVERLOOK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ,~ ULLERY DEVELOPMENT, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1810, 1818, 1826, 1834, 1844, 1852, 1860, and 1868 Overlook Court, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 30, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: commencing at the southeast corner of the Northeast Quarter of Section 30, thence North 00°04'24" West along the east line of said Northeast Quarter, a distance of 1312.53 feet; thence South 89°51' 10" West, a distance of 646.22 feet to the point of beginning for this description; thence South 89°51' 10" West, a distance of 509.05 feet to a corner on a North line of Lot 68 as the same is shown and designated on tfie plat of Ireland Woods Subdivision Section Two, Part One as the same is shown and designated on the plat thereof recorded in the office of the Recorder of St. Joseph County, Indiana, as Instrument No. 7916183; thence North 0°04' 17" West, along a boundary line of said Lot 68, a distance of 20.00 feet; thence South 89°51' 10" West, along a North line of said Lot 68, a distance of 35.00 feet to the Southeast corner of Lot 67 in said plat of Ireland Woods; thence North 0°09'29" West, along the East line of said Lot 67 and the East line of the plat of said Ireland Woods, Section Two, Part One, a distance of 127.60 feet; thence North 89°51' 10" East, a distance of 373.96 feet; thence North 65°25'27" East, a 1 distance of 187.14 feet; thence South 00°04' 17"East, a distance of 224.99 feet to the place of beginning containing 1.98 acres more or less and this property has Tax Key Numbers 18-1040-2232.09, 18-1040-2232.10, 18-1040-2232.11, 18-1040-2232.12, 18-1040-2232.13, 18-1040-2232.14, 18-1040-2232.15, and 18-1040-2232.16, 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepazed a report with information sufficient for the Common Council to determine that the azea qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 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 azea meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of pazcels that aze 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. Pazcels 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 pazcels in the area aze vacant land; or 2 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: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 3 SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. r I'~-- Member oft on Council _~ PRESENTED ~'~ ~ NOT APPRO!!ED ADOPTED ~-2~ -Ob 4 Filed In Clerk's Office AUG 2 3 2006 CfTY C ~ERKVSO. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1810, 1818, 1$26, 1834, 1844, 1852, 1860, AND 1868 OVERLOOK COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ULLERY DEVELOPMENT, LLC Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson