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REGULAR MEETING SEPTEMBER 8, 2008
<br /> TAX ABATEMENT FOR CLELAND BUILDERS,
<br /> INC.
<br />
<br />
<br />
<br />
<br />WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
<br />Declaratory Resolution designating certain areas within the City as Residentially Distressed
<br />Areas for the purpose of tax abatement consideration; and
<br />
<br />WHEREAS, a Declaratory Resolution designated the area commonly known as 4441 JADE
<br />CROSSING DRIVE, 4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607
<br />ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE
<br />CROSSING – SECTION I, South Bend, Indiana, and which is more particularly described as
<br />follows:
<br />
<br />LEGAL DESCRIPTION: JADE CROSSING - SECTION I
<br />
<br />LOTS NUMBERED 1, 83, 84, 87, 88, 90, 92, 95, 98 AND 100 AS SHOWN ON THE
<br />RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED APRIL 2, 2004
<br />IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS
<br />INSTRUMENT NO. 0415098
<br />
<br />and this property which has Tax Key Numbers 25-1013-020748, 25-1013-020930 and 25-1013-
<br />020931, 25-1013-020934, 25-1013-020935, 25-1013-020937, 25-1013-020939, 25-1013-
<br />
<br />020942, 25-1013-020945 and 25-1013-020947,be designated as a Residentially Distressed Area
<br />under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code
<br />Sections 2-76 et seq., and;
<br />
<br />
<br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
<br />before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
<br />
<br />WHEREAS, the Council held a public hearing for the purposes of hearing all
<br />remonstrance’s and objections from interested persons; and
<br />
<br />WHEREAS, the Council has determined that the qualifications for a residentially
<br />distressed area have been met.
<br />
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
<br />Bend, Indiana, as follows:
<br />
<br />SECTION I. The Common Council hereby determines and finds that the petition for real
<br />property tax abatement and the Statement of Benefits form meet the requirements of Indiana
<br />Code 6-1.1-12.1 et seq., for tax abatement.
<br />
<br />SECTION II. The Common Council hereby determines and finds that the area meets one of the
<br />following conditions as formally established in Ordinance No. 9394-03, which was passed on
<br />February 10, 2003:
<br />
<br />A. The area is comprised of parcels that are either unimproved or contain only one (1)
<br />or two (2) family dwellings designed for up to four (4) families, including accessory
<br />buildings for those dwellings; or
<br />B. Any dwellings in the area are not permanently occupied and are:
<br /> i. the subject of an order issued under IC 36-7-9; or
<br /> ii. evidencing significant building deficiencies; or
<br /> C. Parcels of property in the area:
<br /> i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
<br /> ii. are owned by a unit of local government; or
<br />D. A significant number of dwelling units within the area are not permanently
<br />occupied or a significant number of parcels in the area are vacant land; or
<br />E. A significant number of dwelling units within the area are:
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