HomeMy WebLinkAboutConfirming Tax Abatement - 3605 West Cleveland Road - Federal Mogul Powertrain, Inc.RESOLUTION
3641-06
Passed by the Common Council of the City of South Bend, Indiana
September 25, 20 06
Attest:
A
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 26, 20 06
Approved and signed by me S c o t enb c r 2_ Z . - 20..11!' .
City Clerk
RESOLUTION NO. 3 ~' ~ ~ - ~~
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
3605 WEST CLEVELAND ROAD
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
FEDERAL MOGUL POWERTRAIN, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
3605 West Cleveland Road, South Bend, Indiana, and which is more particularly
described as follows:
A tract of land in part of the East half of Section 21, Township 38 North,
Range 2 East, 2°d P.M., St. Joseph County, Indiana, and more particularly
described as follows: Beginning at a point on the East-West Half section
line of said East Half North 88 degrees 53 minutes 36 second East 915.58
feet from the center of said Section 21; thence North 0 degrees 56 minutes
57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36
seconds East, parallel with the East-West half section line of said Section,
800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13
feet; thence northwesterly 550.14 feet along an arc to the right having a
radius of 4463.66 feet and subtended by a long chord having a bearing of
North 54 degrees 36 minutes 59 seconds West and a distance of 549.80
feet; thence North 51 degrees OS minutes 08 seconds West 465.22 feet;
thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the
East-West half section line of said East half the point of beginning, and
containing 26.203 acres, more or less
and which has Key Number 25-1013-0218 as an Economic Revitalization Area; 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 fob an economic
revitalization 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 confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Personal property tax deduction for a period of (5) five years,
and further determines that the petition complies with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seg.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the -o on Council
PRESENTED ~ -L S-0~
NOT APPROVED
ADOPTED ~ _L$-0~
Filcd In Gl~~'~'~ price
AUG 2 3 2006
JO"'.t~ VCO~DE
CTN Cte~K~ND~-.'
12()(1 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9371
FAx 574!235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~L ECONOMIC DEVELOPMENT
AUgUSt lO, 2006 SHARON T. KENDALL
EXECUTIVE DIRECTOR
Council Member Roland Kelly, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
Federal Mogul Powertrain, Inc.
Dear Council Member Kelly:
Please find attached the Department of Community & Economic Development's report on a personal
property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition,
Statement of Benefits form, and supporting information. The project calls for the acquisition and
installation of new equipment as part of the company's planned increase in productive capacity in its facility
located at 3605 West Cleveland Road.
The report contains the Department's findings relative to the above petition. Federal Mogul will be
purchasing and installing new equipment. The total project cost for the equipment is estimated at
$4,779,000. The project meets the qualifications fora (5) five-year personal property tax abatement and a
representative from Federal Mogul will be available to meet with the Committee on Monday, August 28,
2006.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235-5825.
Sincerely,
Sharon Terrell
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Sharon Kendall
Don Inks
Clerk's ~#~ice
Fi1ed In
AEG ~ ~ 2006
J04tt VSQRBtNp,1N.
~~ ~IERK,
COMMUNITY DEVELOPMF,NT' ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235-9660 574/235-9371 EuusErrt LEONARD
Fnx: 574/235-9697 574/235-9371
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 5741235-9371
FAx 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~ ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVE DIRECTOR
TAX ABATEMENT REPOR T
TO: SOUTH BEND COMMON COUNCIL
FROM: SHARON TERRELI~
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
FEDERAL MOGUL POWERTRAIN
DATE: August 10, 2006
On July 28, 2006, a petition for personal property tax abatement consideration for property located at 3605
West Cleveland Road was filed with the City Clerk by Federal Mogul Po~vertrain. Pursuant to Chapter 2,
Article 6, Section 2-84.2 of the Municipal Code of the City of So11th Bend, this petition was referred to the
Department of Community and Economic Development forpurposes of investigation and preparation ofa
report determining whether the area qualifies as an Economic Revitalization Area pursuant to
I.C.6-1.1-12.1 and whether all zoning requirements have been met.
The Department of Community and Economic Development has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
Federal Mogul is a manufacturer of automotive pistons. Customers include most of the major foreign and
domestic automotive manufacturers. Operations in South Bend began in 1987. The project will invest
$4,779,000 in new manufacturing equipment which will be acquired and installed under four categories:
1) a new assembly cell line -Chrysler 4.7L (the Daimler Chrysler 4.7L is new business for Federal
Mogul); 2) productivity improvement and safety; 3) research and development and 4) information
technology. Total taxes to be abated during the (5) five-year abatement period is estimated at $291,161.
COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235-9660 574/235-9371 Euzaeerx LEONARD
PAX: 574/235-9697 574/235-9371
South Bend Common Council
RE: Federal Mogul Powertrain
August 10, 2006
Page 2
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will not create any new, permanent, full-time jobs;
however because the Daimler Chrysler 4.7L is new business for the facility, it will provide continued
employment for approximately 60 full-time employees when the product is at full volume in 2008. The
project will maintain 445 existing, permanent full-time jobs representing an annual payroll of
$19,373,000.
ABATEMENT QUALIFICATION
1.
2
A review of the tax abatements previously granted, finds that the petitioner has been granted or
associated with 12 (twelve) previous tax abatements:
Term/Type
5-year personal property
5-year personal property
3-year real property
5-year personal property
6-year real property
5-year personal property
5-year personal property
S-year personal property
10-year personal property
5-year personal property
5-year personal property
10-year real property
Resolution No. Date
3232-03 08/25/2003
3086-02 04/22/2002
3085-02 04/22/2002
2930-00 09/25/2000
2686-98 10/26/1998
2685-98 10/26/1998
2174-94 09/26/ 1994
2057-93 07/26/1993
2056-93 07/26/1993
1864-91 04/22/ 1991
#R07-86 05/13/1986
#R07-86 05/13/1986
The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is located in
the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore,
the petition for personal property tax deduction must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the
qualifications fora (5) five-year personal property tax abatement under section 2-84.2, Tangible
Personal Property Tax Abatement.
Tax Abatement Schedule prepared for: 8/7/2006
FEDERAL MOGUL POWERTRAIN INC.
South Bend German 5 Year Personal Property Abatement Schedule'
Total estimated Equipment Cost: $4,779,000
Assume constant tax rate of: 5.1376
Assume constant SRTG rate of: 7.0636
TTV Assessed Gross Less Net Percent Tax Tax
Year TTV% (Year 1-5) Value Tax SRTC Tax Abated Abated Paid
1 40% 1,911,600 1,911,600 $98,210 6,937 $91,273 100% $91,273 $0
2 56% 2,676,240 2,676,240 $137,495 9,712 $127,783 80% $102,226 $25,557
3 42% 2,007,180 2,007,180 $103,121 7,284 $95,837 60% $57,502 $38,335
4 32% 1,529,280 1,529,280 $78,568 5,550 $73,018 40% $29,207 $43,811
5 24% 1,146,960 1,146,960 $58,926 4,162 $54,764 20% $10,953 $43,811
$476,320 33,645 $442,675 $291,161 $151,513
Total Taxes Due During Abatement: $442,675
Total Taxes Abated During Abatement: $291,161
Tota! Taxes Paid During Abatement: $151,513
-This schedule is for estimation purposes only and assumes constant tax rates.
The true tax values will ulimately be determined by the actual
assessed valuation and the then current tax rates.
~ii~d
AUG ~ ~ ~~Q6
~t;pR^~
CR`f CLF"'`'
CITY OF SOUTH SEND PETITION FOR
TANGIBLE EERSQNAL PROPE1tT'Y TAX ABATEMENT CONSIDERATION
The undersigned owners} of new manufacturing equipment, personal property, located
within the City of South Bend, hereby petitions the Common Council of the City of South
Bend for personal property {new manufacturing equipment) tax abatement consideration
and pursuant to I.C., 6-1.1-12.1, et sea~~and South Bend Municipal Code Section 2-$4.2,
eta for this petition states the following:
1. Describe the proposed projecC, including information about the new manufacturing
. equipment personal property ("equipment"} to be installed, the amount of land to be
used, if any, the proposed use of the equipment, and a general statement as to the
value of the project to your business.
If approved, new manufacturing equipment will be acquired and installed under four (4) main categories:
1) New Assembly Cell Line -Chrysler 4.7L 2) Plant cost and productivi improvements and safety
3) Research and Development Equipment, and 4) Information Technology Equi ment. Federal-Mo ul
Powertrain, Inc. respectfully requests the South Bend Common Council approves a 10-Year abatement
for the various equipment part of this a lication.
2~. The project will create o new, permanent jobs within the first year, representing
a new annual payroll of $ o and will maintain 445 existing permanent
full-time and o existing part-time jobs representing an annual payroll of
$ ~ 9,373,000 ,The projected annual salaries for each new position created are
estimated to be as follows:
The Daimler Chrysler 4.7L is new business for our facility. This new business will provide continued
employment for approximately 60 full time em to ees when the roduct is at full volume in 2008.
Without this, employment levels would decrease to 380-390. The 445 jobs is the estimated __
employment level at the end of 2007.
3. Estimate the total cost of the Equipment: $4,779,000
~-. (a) The Equipment is owned or to be owned by the following individuals or
corporations (if the business organization is publicly' held, indicate also Cher name
of the corporate parent, if any, and the name under which the corporation has filed
with the Securities and Exchange Commission):
NAME ADARESS YNTEREST
Federal-Mogul Corporation 26555 Northwestern Hi hwa Southfield MI 48034 100%
dba Federal-Mogul Powertrain, Inc.
(b) The following other persons lease, intend to lease, or have an option to buy this
Equipment (include corporate information as required in (4)(a) above, if
applicable):
NAME ApDR~SS ~NTE~~T
N/A
5. Give a brief description of the overall nature of the business and of the operations
occurring at the location for which tax abatement is requested:
Federal-Mogul Powetrain, Inc. is a manufacturer of automotive istons. Customers include most of the ma'or
foreign and domestic autmotive manufacturers. Operations in South Bend, IN began in 1987. Federal-Mogul
has maintained employment levels consistently well-over 400 full time positions in each of the past 5 years
with total salaries in excess of $20 million. Total ross sales enerated from the South Bend facili
exceed $119 million.
6. The commonly known address of the property where the Equipment is to be located
1S: 3605 W. Cleveland Rd., South Bend, IN 46628
'~. The Key Number of said property is: 25-1013-0218
$. Attach the legal description of the property where the equipment is to be located,
rin.arked "Exhibit A," and is hereby incorporated herein.
9. Attach a map and/or plat describing the property where the equipment is to be
located, marked "Exhibit B," and is hereby incorporated herein.
10. Attach photographs of the property, taken within 30 days of filing of this petition,
marked "Exhibit C," and hereby incorporated herein.
11. The current assessed valuation of the tangible personal property to be replaced by the
new lI]ariUfacturing equlpment IS $ only a small portion of older equipment is being replaced
(This information may be obtained kom the St. Joseph County Assessors office 235-9523}
12. The current use of the real property where the Equipment is to be installed is
Industrial -Manufacturing and the current zoning is
Industrial (use) and 247,2355f (height and area).
(This information may be obtained from the Building Department 235-9553)
(Revised $IZI02) 2
13. List the real and personal property taxes paid at the location during the previous five
years, whether paid by the current owner or a previous owner;
YEAR REAP. PROPERTY TAXES PERSaNAL ~'RQl'ERTY TAKES
2005 Pay 2006 $237,382 $729,204
2004 Pay 2005 $229,746 $587,701
2003 Pay 2004 $217,696 $473,927
2002 Pay Zoos $190,468 _ $467,039
2ooi Pay 2002 $236,211 $781,341
(This information may be obtained from the 5t. roseph County Treasurers office 235-9531)
14. Describe the commitment made within the past five years by~ your firm to hiring
minority individuals, including number of minorities employed during each of the past
f ve years, ~ specifying whether full time ar part-time and whether permanent ar
temporary employees. The Petitioner shall also list the current number of total
employees (full and part-time) and the current number of minority individuals (fu11
and part-time).
Federal-Mogul Powertrain, Inc. will continue to comply with the Equal Employment Opportunity Commission.
We will continue to be actively involved with the Indiana Department of Training Service and
On The Job Training (OJT) program.
Current total employees (full and part-time) is 62 out of 500 as of 12/31/05.
Current number of minority individuals (full and part-time) is 57 out of 460 ro'ected as of 12/31/06.
15 . Describe on-site child care or day care facilities, services or benefits currently offered
or proposed to be offered by the Petitioner for children of employees.
Federal-Mogul Powertrain, Inc. offers a dependent child care benefit throu h a retax a roll deduction.
16. What is your best estimate of the market value of the new Equipment after
installation? $ Per Indiana Form 103 Long, Schedule A, Pool 2, Year 1, TTV = $1,911,600
TTV=True Taxable Value calculated using cost multiplied by 40%.
17. What is your best estimate of the amount of taxes to be abated during each of the five
years after iriStallatiOn? $ Approximately $242,000 in total will be abated the first five ears
if the Common Council approves, as requested, a 10-Year abatement for ersonal roe .The
average tax abated per year is $48,400 when considerin the additional affects of form P -
18. What is the commitment your firm will make to minority employment during the five
years of tax abatement?
(Revised 8/2102) 3
Federal-Mogul Powertrain, Inc. will continue to comply with the Equal Employment
Opportunity Commission We will continue to be actively involved with the_ Indiana
Department of Training Service and On The Job Trainin OJT ro ram.
19. The Equipment has not been installed as of the date of filing of this petition.
(The signature at the end of this Petition is verification of this statement)
20. The standard Yndustrial Classification Manual major group within which the proposed
project would be classified, by number and description:
7310
21. The Internal Revenue Service Code of Principal Business Activity by which the
proposed project would be classified, by number and description:
3710 -Manufacturing for automotive parts
22. The real property where the Equipment will be installed is located in the following
Allocation Area, if any, declared and confirmed by the South Bend Redevelopment
Commission:
N/A
23. Other anticipated public financing for the project including, if any, industrial revenue
bonding to be sought or already authorized, assistance through the United States
Department of Housing and Urban Development funds from the City of South Bend,
Small Business Association Sections 503 and 504 financing through the Business
Development Corporation of South Bend, Mishawaka, and St. Joseph County,
Indiana; or other public financial assistance, including but not limited to public works
improvements.
None
24. Describe how and why the manufacturir>g equipment to be replaced or the facility in
which Equipment will be added is currently technologically, economically or energy
obsolete and how and why that obsolescence may lead to a decline in employment and
tax revenues:
(Revised $12/p2} 4
Approval of this application will allow continued capital investment in the South Bend facility -without
additional investment and greater production efficiencies offered by newer processes and new product
lines, some levels of existing production would be shifted outside of Indiana -most likely to another
country -employment levels and resulting tax revenues would both decline accordingly.
25.~ The new manufacturing equipment will be used in the direct production, manufacture,
fabrication, assembly, extraction, mining, processing, refining, or finishing of other
tangible personal property and that the equipment was never before used by its owner
for any purpose in Yndiana. The signature at the end of this Petition is verification of
this statement.
26. The following person(s) should be contacted as Petitioner's agent regarding additional
informatiari and public hearirtg notifications:
Name: Ed Fain, Plant Manager, or Brent Kuhn, Plant Controller
Address: 0605 W. Cleveland Rd.
Ctty, State, Zip Code; South Bend, IN 46628
Telephone: (574) 272-5900
WHEREFORE, petitioner requests that the Common Council of the Gity of South Bend,
Indiana, adapt a declaratory resolution designating the area described herein to be an
economic revitalization area for purposes of tangible personal property tax abatement
consideration, and after publication of notice and public hearing, determine qualifications
for an economic revitalization area have been met, and confirm such resolution. Petitioner
herein hereby verifies that the required $250.00 filing fee to cover processing and
administrative costs pursuant to Section 2-84.7 of the Municipal Code of .the Ciry of South
Bend has been paid in full.
Name of Property Owner(s):
Federal-Mogul Corporation, dba Federal-Mogul Powertrain, Inc.
By: G%G/ u~,,M
(Signed Name}
Ed Fain, Plant Manger
Federal-Mogul Powertrain, Inc. -South Bend, IN
(Typed or printed name and capacity of signor iF signed by
an agent or representative of the owner)
(Revised 8/2!0?)
Filed In Clerk's Office
JUI. Z 8 2006
JOHiJ VOORDE
CITY CLERK, 50. BEND, IN.
• FEDERAL-MOGUL POWERTRAIN, INC. ~- .,.
_LECAT, DESCRIPTION DF REAL PROPERTY
E%HISIT g
~ tract of land in part of the East half of Section Z1, Township.
38 Nortfr, Range 2 East, 2nd P.M. St. Joseph County. Indiana, and
more particularly described as follows:
Begi,,,,i„g at a point on the East-West Half section line of said
East Half North•88 degrees 53 minutes 36 seconds East 915.58'feet
from the center•of said•Section 21; thence North 0 degrees 56
minutes 57 seconds West 338.80 .feet; thence North 88 degrees 53
minutes 36 seconds East; parallel with the East-Rest half section
line of said Section, 800.00 'feet; thence South•0 degrees 56
minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14
feet along• an •,arc to the right having a radios of 4463.66 feet
and subtended .by a Long chord having a bearing of North 54
degrees 36 minutes 59 seconds West and a distance of 549.80 feet;
thence North 51 degrees 05 minutes 08 seconds West 465.22 feet;
thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to
the East-West half section line of said East half the point of
beginning, and containing 26.203 acres,•more or Less.
~i1~~ In CIerI~'~ (~ffic2
~~L 2 8 2006
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
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AE PISTON PRODUCTS, INC.
TANGIBAgATEMENT APPLICATIONTAX
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gyp; N VOORDE
CITY CIS~K, S0. BEhD, IN.