08-08-11 Common Council Meeting Minutes

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