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L <br />VIIIGO <br />BILL NO. 22-23 2022 <br />RESOLUTION NO. AWNNESUT BENG,NN <br />A RESOLUTION OF THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA CONFIRMING <br />THE GRANT OF CERTAIN PERSONAL PROPERTY TAX ABATEMENT <br />DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY <br />COMMONLY KNOWN AS <br />3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 <br />FOR <br />Imagineering Enterprises, Inc <br />WHEREAS, on September 10, 2018,the Common Council of the City of South Bend(the <br />Common Council") adopted Resolution No. 4741-18 (the "2018 Resolution"), approving a five <br />5) year personal property tax deduction for a new personal property located at 3722 Foundation <br />Ct. South Bend, IN 46628 (the "Building") by Imagineering Enterprises, Inc. or "Taxpayer", <br />within an area located in the City of South Bend that had been designated an economic <br />revitalization area in accordance with IND.CODE § 6-1.1-12.1-1, et seq.; <br />WHEREAS, as part of Imagineering Enterprises Inc. deduction application, Imagineering <br />Enterprises, Inc described for the Common Council that Imagineering Enterprises, Inc would by <br />the end of the three (3) year designation period (a) invest $550,000 in new personal property at <br />3722 Foundation Ct. South Bend, IN 46628 (b) create 15 or retain 41 direct jobs; <br />WHEREAS, Imagineering Enterprises Inc. completed a construction of 15,000 S.F. <br />building and has purchased and installed the personal property and met all objectives in its <br />deduction application; <br />WHEREAS, while Imagineering Enterprises, Inc submitted its CF-l/PP form to the City <br />of South Bend Department of Community Investment in May 2021, the company inadvertently <br />failed to timely its related Compliance Statement of Benefits Personal Property Deduction ("CF- <br />1/PP")to the St. Joseph County Auditor for January 1, 2020; <br />WHEREAS, the Common Council recognizes that (a) Imagineering Enterprises, Inc has <br />fulfilled its pledge to construct a new speculative building purchase; (b) Imagineering Enterprises, <br />Inc has requested a waiver of its inadvertent oversight for failing to file the Application Forms to <br />claim benefits of the tax deduction for the first year of the tax deduction, which the Common <br />Council has the power and authority to approve under Indiana law, and (c) Imagineering <br />Enterprises, Inc would have been entitled to receive the tax deduction for the first two years of the <br />deduction period had no noncompliance event occurred; <br />1