HomeMy WebLinkAboutDesignating Tax Abatement - Federal-Mogul Powertrain, Inc. 3605 West Cleveland Rd. (5 Yr. Personal Property)RESOLUTION
4177 -12
Passed by the Common Council of the City of South Bend, Indiana
May 14, 20 12
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
May 15, 20 12
Approved and signed by me
City Clerk
President of Common Council
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City Clerk
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RESOLUTION NO. - Z-
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
3605 WEST CLEVELAND ROAD
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
FEDERAL- MOGUL POWERTRAIN, INC.
WHEREAS, a petition for personal property tax abatement consideration has been 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 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, 2nd 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 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
and which has Key Number 25 -1013 -0218 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code
Sections 2 -76 et seq., and;
WHEREAS, the Department of Community and Economic Development has concluded
an investigation and prepared a report with information sufficient for the Common Council to
determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1-
12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., 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 an Economic Revitalization 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 pursuant to Indiana Code 6-
1.1- 12.1 -4.5 et sue., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to
result from the proposed installation of new manufacturing equipment;
C. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably
expected to result from the proposed installation of new manufacturing
equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property
Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner,
said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6- 1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community and Economic Development, and the Community and Economic
Development Committee's favorable recommendation, that the area herein described be
designated as an Economic Revitalization Area for purposes of personal property tax abatement
and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
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SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (5) five years.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to
Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common
Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
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PRESE-NTED �` �
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
12 -39 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 3605 WEST CLEVELAND ROAD
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN,
INC.
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.
This bill was heard by the Community & Economic Development Committee.
Karen L. White
Chairperson, Committee of the Whole