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08-08-11 Common Council Meeting Minutes
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08-08-11 Common Council Meeting Minutes
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REGULAR MEETING AUGUST 8, 2011 <br /> <br /> <br /> <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 <br />Statement of Benefits and its application for tax abatement related to the construction of a <br />150,000 square light industrial facility in the City of South Bend at 5102 Dylan Drive, <br />South Bend, Indiana (the “Property”), and (b) inadvertent oversight leading to a belated <br />filing of the Form 322 ERA/RE “Application for Deduction from Assessed Valuation of <br />Structures in Economic Revitalization Areas” to claim the benefits of tax abatement for <br />the March 1, 2009 assessment date on the Property. <br /> <br /> SECTION 2. The foregoing facts, taken together, lead the Common Council to <br />conclude that the Taxpayer has fulfilled its projected plans to construct new <br />improvements contemplated as part of the 2006 Resolution (the “Abatement”) and that its <br />belated filing of an application required to claim the benefits of the Abatement as of <br />March 1, 2009 (for taxes due and payable in 2010) was inadvertent. <br /> <br /> SECTION 3. The Common Council hereby waives all matters of noncompliance <br />that may be waived under State and local law regarding the late filing of applicable <br />deduction applications in order for the Taxpayer to claim and receive the benefit of tax <br />Abatement on its investment in new building improvements contemplated as part of the <br />2006 Resolution as of the March 1, 2009 assessment date, all as is permitted under I. <br />ND <br />C § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities <br />ODE <br />relating to the requirement, under I.C § 6-1.1-12.1-5 that economic revitalization <br />ND ODE <br />area deduction applications be timely filed with the county auditor to claim property tax <br />abatement deductions for the 2009-Pay-2010 tax year). <br /> <br /> SECTION 4. The Common Council incorporates herein by reference, and <br />hereby ratifies and reaffirms: (a) the 2006 Resolution; (b) the tax abatement application <br />and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The <br />Common Council and the Clerk of the City of South Bend are authorized to take all such <br />further acts and execute and deliver all such further documents for the St. Joseph County <br />Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all <br />without further application to or formal action by the Common Council. <br /> <br /> SECTION 5. This Resolution shall be in full force and effect from and after its <br />passage and approval by the Mayor. <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Rouse, Chairperson, Community and Economic Development <br />Committee, reported that this committee held a Public Hearing on this bill this afternoon <br />and voted to send it to the full Council with a favorable recommendation. <br /> <br />st <br />Mr. Richard Deahl, Attorney, Barnes & Thronburg, LLP, 600 1 Source Bank Center, <br />100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of <br />Holladay Properties and its affiliate, Huron Partners, L.P. <br /> <br />Mr. Deahl advised that due to employee turnover, Huron Partners inadvertently missed <br />the 30 day window to claim the benefits of the abatement for the 2009 pay 2010 tax year. <br />He stated that this bill would allow the waiver of the non-compliance in order to restore <br />the tax abatement benefits to which Huron Partners would have received has it timely <br />field the application. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no on present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this <br />Resolution. Councilmember Varner seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of eight (8) ayes. <br /> <br /> <br /> 24 <br /> <br />
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