HomeMy WebLinkAboutDesignating Tax Abatement - First Federal Savings Bank Royal Oak Estates - Sections 2 & 3 (5 Year Residential Property)RESOLUTION
3922-08
Passed by the Common Council of the City of South Bend, Indiana
November 10, 2008
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 12, 20 08
Approved and signed by me
November 12
20 ~ 8
City Clerk
RESOLUTION NO. 3 9 ?--2- OR'
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
ROYAL OAK ESTATES -SECTIONS 2 & 3
A certain 43 undeveloped, single family lots located south of Johnson
Road and % mile west of Miami Road
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5} FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
FIRST FEDERAL SAVINGS BANK
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have been submitted to and filed with the City-Clerk for consideration by the
Common Council of the City of South Bend, Indiana, requesting that the area commonly
known as
Tax Key Number Lot Number Property Address
Section 2
23-1018-0381.57 100 747 Pulling St.
23-1018-0381.58 101 765 Pulling St.
23-1018-0381.59 102 773 Pulling St.
23-1018-0381.63 106 5919 Boxwood Dr. E.
23-1018-0381.65 108 5859 Boxwood Dr. E.
23-1018-0381.67 110 5835 Boxwood Dr. E.
23-1018-0381.68 111 5809 Boxwood Dr. E.
23-1018-0381.69 112 5777 Boxwood Dr. E.
Section 3
23-1018-0381.88 48 535 Yoder St.
23-1018-0381.89 49 523 Yoder St.
23-1018-0381.90 50 520 Yoder St.
23-1018-0381.91 51 546 Yoder St. or 5745 Buckhorn
Dr.
23-1018-0381.93 53 525 Dice St.
23-1018-0381.94 54 522 Dice St.
23-1018-0381.95 55 528 Dice St. or 5813 Buckhorn
Dr.
23-1018-0381.96 56 527 Dice St. or 5907 Buckhorn
Dr.
23-1018-0381.97 57 521 Pulling St.
23-1018-0381.98 58 524 Pulling St.
23-1018-0381 59 530 Dice St. or 5929 Buckhorn
Dr.
23-1018-0382.01 61 514 Gillmer St.
23-1018-0382.02 62 522 Gillmer St.
23-1018-0382.04 64 6006 Buckhorn Dr.
23-1018-0382.05 65 612 Pulling St. or 5930 Buckhorn
Dr.
23-1018-0382.09 69 727 Pulling St.
23-1018-0382.10 70 625 Pulling St.
23-1018-0382.11 71 615 Pulling St.
23-1018-0382.14 74 616 Dice St.
23-1018-0382.15 75 622 Dice St.
23-1018-0382.16 99 708 Dice Ct.
23-1018-0382.26 89 715 Dice Ct.
23-1018-0382.24 91 727 Dice Ct.
23-1018-0382.23 92 733 Dice Ct.
23-1018-0382.22 93 737 Dice Ct.
23-1018-0382.21 94 740 Dice Ct.
23-1018-0382.20 95 734 Dice Ct.
23-1018-0382.29 78 5722 Yellow Wood Dr.
23-1018-0382.31 80 5721 Yellow Wood Dr.
23-1018-0382.32 81 5727 Yellow Wood Dr.
23-1018-0382.35 84 615 Dice St. or 5748 Buckhorn
Dr.
23-1018-0382.36 85 5742 Buckhorn Dr.
23-1018-0382.37 86 5736 Buckhorn Dr.
23-1018-0382.38 87 5730 Buckhorn Dr.
23-1018-0382.39 88 5724 Buckhorn Dr.
all in Royal Oak Estates -Sections 2 and 3, South Bend, Indiana, and which is more
particularly described as follows:
LEGAL DESCRII'TION: ROYAL OAK ESTATES, SECTIONS TWO & THREE
A PART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71,
74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, & 99, AS SHOWN ON THE
RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED
OCTOBER 17, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824.
LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS
SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2,
RECORDED JANUARY 22, 2003 1N THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821.
SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD.
and these lots which have individual tax key numbers as shown in the table above, and
excepting Outlot A included in the above legal description, be designated as a
Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seQ.,
and South Bend Municipal Code Sections 2-76 et sea., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as a Residentially Distressed Area
under Indiana Code 6-1.1-12.1, et sew., and South Bend Municipal Code Sections 2-76, et
se ., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required bylaw; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as a Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION, I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seQ., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain
only one (1) or two (2) family dwellings designed for up to four (4)
families, including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the
United States; or,
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council's
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed
described redevelopment can be reasonably expected to yield benefits identified in the
Statement of Benefits and the petition for real property tax abatement consideration and
that the Statement of Benefits form prescribed by the State Boazd of Accounts are
sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee., that the area herein described be
designated as a Residentially Distressed Area and hereby adopts a Resolution designating
this area as a Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five
(5) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VII. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all
local code standards for habitability as a specific condition of having such property
designated as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
~~
Member e Common Counci
PKESENTED ~ ~ -~~ ~ O~
NOT APPROVED ~+
Filed in Clerk's ®fflce
NOV - q. 2008
JDHt! VOORDE
CITY ClE~1K, 50. BEND, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-101 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS ROYAL OAK
ESTATES -SECTIONS 2 & 3, A CERTAIN 43 UNDEVELOPED,
SINGLE FAMILY LOTS LOCATED SOUTH OF JOHNSON ROAD AND
'/4 MILE WEST OF MIAMI ROAD AS RESIDENTIALLY DISTRESSED
AREAS FOR PURPOSES OF (5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAXABATEMENTFQR FIRST FEDERAL SAVINGS BANK
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Oliver Davis
Chairperson, Committee of the Whole