08-26-13 Council Agenda & Packet

Home Browse Search

RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6- 1.1 -10 -44 (DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE FOURTH COUNCIL DISTRICT) WHEREAS. The Common Council (the "Common Council) of the City of South Bend, Indiana (the "City'), pursuant to Resolution NO. 4174 -12 adopted by the Common Council on April 24, 2012 (the "Declaratory Resolution'), provisionally declared subject to the completion of the proceedings set forth in Indiana Code 6- 1.1 -10 -44 (the "Act ") and Section III of the Declaratory Resolution that (i) Data Realty Northern Indiana LLC (the "Company ") constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii) certain personal property of the Company will constitute Qualified Property (the "Qualified Property ") under the Act and the Declaratory Resolution; and (iii) the Qualified Property will be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption hereunder and under the Act; and WHEREAS, pursuant to the Act and Indiana Code 5 -3 -1, public notice of the adoption and the substance of the Declaratory Resolution was provided as well as setting forth that a public hearing would be held on August 26, 2013, to receive and hear all remonstrances and objections from interested persons; and WHEREAS, a copy of the Declaratory Resolution and the public notice referenced above was filed with the office of the St. Joseph County Assessor and with each taxing unit in the County; and WHEREAS, on August 26, 2013 the Common Council received and heard all remonstrances and objections to the Declaratory Resolution from interested persons and considered the evidence presented. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its findings in the Declaratory Resolution determining that the Qualified Property of the Company is and shall be exempt from property taxation for an unlimited term as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1- 17.provided that the Company continues to qualify for the exemption under the Act. The Common Council hereby approves of the form of Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest, respectively, the form of Letter Agreement attached to the Declaratory Resolution.