Amending Chapter 2 as Tax Abatement Procedures

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Division IX. Miscellaneous Real Property Tax Abatement Guidelines. Sec. 2-84 Council's Authority to Enlarge Real Property Tax Abatement General Standards. (a) The Common Council believes that pursuant to its Home Rule authority set forth in I.C. , 36-1-3-1, et seq. , and the authority granted to it under I.C. , 6-1. 1-12 . 1-1 et seq. , that it has the authority to declare areas within the City, economic revitalization areas (ERA) which do not meet the general standards for real property tax abatement set forth in Sections 2-77 through 2-83 .3 . (b) The Council therefore declares that individuals who desire to petition for real property tax abatement which do not meet the general standards set forth herein, may do so by filing proper petitions and forms of declaratory and confirmatory resolutions with the Office of the City Clerk. Such forms shall set forth in detail the reasons why they believe that they should be granted such abatement and declared an ERA. (c) The Council as the designating body shall review such matters on a project by project basis. (d) The Council shall make specific findings supporting its conclusion that there is or is not a rational basis for their determination. (e) Real property tax abatement granted under this Section shall be limited to the specific amount of years determined by the Council to be appropriate under the circumstances. Sec. 2-84.1 Reserved. Division X. Personal Property Tax Abatement. Sec. 2-84.2 Tangible Personal Property Tax Abatement. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives of promoting the installation of new manufacturing equipment in urban development areas within the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Five-Year General Standards: (1) An applicant seeking personal property tax abatement must comply with all of the provisions of I.C. , 6- 1.1-12. 1-4.5, and the provisions of Divisions XI and XII that are applicable. (2) Applicants complying with such provisions may be considered for five-year personal property tax abatement. (c) Applicants seeking personal property tax abatement must verify that the new manufacturing equipment will be used in conjunction with uses within major groups 20 through 39 or 42 of the Standard Industrial Classification Manual, published by the United States Office of Management and Budget.