9394-03 Amend Chapter 2, Replacing in its entirety Article 6 Entitled Tax Abatement Procedures

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Sec. 2-84.10. Review And Recommendation By Council's Community And Economic Development Committee A. The Council's Community and Economic Development Committee shall examine, review and conduct a public committee meeting concerning the petition and statement of benefits, and declaratory resolution. Such meeting shall not be scheduled until the advisory report from the Community and Economic Development Department has been received by the City Clerk, the Council's Community and Economic Development Committee, and the petitioner. B. The petitioner and/or its representatives shall be required to attend all such committee meetings where such information is to be reviewed. The petitioner shall present verbal and written evidence as to why it believes it should be granted the tax abatement sought. C. At the committee meeting, the Committee shall specifically consider, among other information provided by the petition, the commitment made to Minority employment by the petitioner during the past five (5) years and during the first five {5) years of tax abatement. D. Following questioning and review, the Committee shall take action on the request and shall submit its recommendation to the Council as to whether the property qualifies as an Economic Revitalization Area under the terms of this article and I.C. 6-1.1-12.1-1, et seq. Sec. 2-84.11. Council's Review Of Declaratory Resolution A. The Council shall hold a public hearing on the petitioner's declaratory resolution pursuant to I.C. 6-1.1-12.1-2.5. B. The petitioner and/or its representative shall present evidence to the Council as to why it believes it qualifies for the requested abatement. C. If it finds that the property qualifies as an Economic Revitalization Area under the terms of this article and I.C. 6-1.1-12.1-1(1), the Council may adopt a resolution declaring the property as an Economic Revitalization Area for purposes of tax abatement. The resolution shall specify whether the abatement is for real property tax deduction or for personal property tax deduction, the length of time during which the area shall be so designated, and the general boundaries of the area shall be so designated, and the general boundaries of the area by describing its location in relation to public ways. If the abatement is for real property taxes, the Council shall specify a number of years, not exceeding ten (10), for the abatement. If the tax abatement is for residentially distressed areas, specific findings as required by I.C. 6-1.1-12.1-3 and I.C. 6-1.1-12.1-4.1 shall be made. Upon the adoption of the declaratory resolution, the City Clerk shall file the resolution with the County Assessor, together with supporting data required by I.C. 6-1.1-12.1-2.5. D. If the area is located within an allocation area as defined in I.C. 36-7-14-39, as declared by the South Bend Redevelopment Commission, the Council shall not adopt a declaratory resolution declaring an area to be an Economic Revitalization Area for purposes of either real property tax deduction or personal property tax deduction if the Commission has not adopted a resolution approving the petition. E. Upon adoption of the declaratory resolution, the City Clerk shall cause notice of the adoption to be published pursuant to I.C. 5-3-1, and shall include in the notice information about the adoption of the declaratory resolution, the substance of the resolution, that a description of the affected area is available and can be inspected in the County Assessor's Tax Abatement Ordinance Page 44