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REGULAR MEETING SEPTEMBER 9, 2013 <br /> <br /> <br /> <br /> <br /> WHEREAS, on August 26, 2013 the Common Council received and heard all <br />remonstrances and objections to the Declaratory Resolution from interested persons and <br />considered the evidence presented. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <br /> SECTION I. The Common Council hereby confirms its findings in the <br />Declaratory Resolution determining that the Qualified Property of the Company is and shall be <br />exempt from property taxation for an unlimited term provided that the Company continues to <br />qualify for the exemption under the Act. The Common Council hereby approves of the form of <br />Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to <br />execute and attest, respectively, the form of Letter Agreement attached to the Declaratory <br />Resolution. <br /> <br /> SECTION II. The Common Council further confirms that the final determination <br />and property tax exemption confirmation for certain enterprise information technology <br />equipment is based on Data Realty’s representations that: <br /> <br /> <br />(a) It is engaged in a business that operates one or more facilities dedicated to <br /> computing, networking or data storage activities; <br /> <br /> <br />(b) It is located in a facility or data center in Indiana; <br /> <br /> <br />(c) It invests in the aggregate at least $10,000.000 in real and personal property <br /> in Indiana after June 30, 2009; and <br /> <br /> <br />(d) The average employee wage of the entity is at least 125% of the county <br /> average wage for each county in which the entity conducts its business <br /> operation. <br /> <br />SECTION III. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember White made a motion to accept the substitute version of this bill as on file in the <br />Office of the City Clerk. Councilmember Gavin Ferlic seconded the motion which carried by a <br />voice vote of nine (9) ayes. <br /> <br />Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that <br />this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to <br />the full Council with a favorable recommendation. <br /> <br />Mr. Richard Carlton, President, Data Realty Northern Indiana, LLC., made the presentation for <br />this bill. <br /> <br />Mr. Carlton advised that under Indiana Code certain enterprise information technology <br />equipment is exempt from property taxation. He stated that Data Realty Northern Indiana, LLC. <br />Constitutes as an eligible business. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in opposition to <br />this Resolution. Councilmember Dr. David Varner made a motion to adopt this Resolution as <br />substituted. Councilmember Scott seconded the motion which was adopted by a roll call vote of <br />nine (9) ayes. <br /> <br /> <br />9 <br /> <br /> <br />