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01-28-08 Common Council Minutes
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01-28-08 Common Council Minutes
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REGULAR MEETING <br />JANUARY 28, 2008 <br />Subject To Right-Of--Way, Easements, Covenants, and Restrictions of Record <br />and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, be <br />designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- <br />12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing <br />before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance's and objections from interested persons; and <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South <br />Bend, Indiana, as follows: <br />SECTION I. The Common Council hereby determines and finds that the petition for real <br />property tax abatement and the Statement of Benefits form meet the requirements of <br />Indiana Code 6-1.1-12.1 et seq., for tax abatement. <br />SECTION II. The Common Council hereby determines and finds that the area meets one <br />of the following conditions as formally established in Ordinance No. 9394-03, which was <br />passed on February 10, 2003: <br />A. The area is comprised of parcels that are either unimproved or contain only one <br />(1) or two (2) family dwellings designed for up to four (4) families, including accessory <br />buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br />i. the subject of an order issued under IC 36-7-9; or <br />ii. evidencing significant building deficiencies; or <br />C. Parcels of property in the area: <br />i. have been sold and not redeemed under IC 6-1.1-24 and IC <br />6-1.1-25; or <br />ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area are not permanently <br />occupied or a significant number of parcels in the area are vacant land; or <br />E. A significant number of dwelling units within the area are: <br />i. the subject of an order issued under IC 36-7-9; or <br />ii. evidencing significant building deficiencies; or <br />F. The area has experienced a net loss in the number of dwelling units, as <br />documented by census information, local building and demolition permits, or certificates <br />of occupancy, or the areas are owned by Indiana or the United States; or <br />G. The area (plus any areas previously designated under this subsection) will not <br />exceed ten percent (10%) of the total area within the Council's jurisdiction. <br />SECTION III. The Common Council also hereby determines and finds the following: <br />A. That the description of the proposed redevelopment meets the applicable <br />standards for such development. <br />B. That the estimate of the value of the redevelopment is reasonable for projects of <br />this nature; <br />C. That the other benefits about which information was requested are benefits that <br />can be reasonably expected to result from the proposed described redevelopment; and <br />D. That the totality of benefits is sufficient to justify the requested deduction, all of <br />which satisfy the requirements of Indiana Code 6-1.1-12.1-3. <br />E. The deduction will not be allowed unless the dwelling is rehabilitated to meet <br />local code standards for habitability. <br />14 <br />
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