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HomeMy WebLinkAboutDesignating Tax Abatement - Bamber LLC/Dennis Bamber, Inc. d/b/a The Woodwind & The Bassswind 5053 Ameritech Dr. (9 Year Real Property)Attest: RESOLUTION 3321 -04 Passed by the Common Council of the City of South Bend, Indiana April 26, 04 20_. City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 27, 20 04 Approved and signed by me April 28, 20 04 City Clerk LM-. . RESOLUTION NO. 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 5053 Ameritech Drive, South Bend, Indiana AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR BAMBER LLC /DENNIS BAMBER, INC. d /b /a THE WOODWIND & THE BRASSWIND WHEREAS, a petition for real property tax abatement has been 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 5053 Ameritech Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Nine B (9B) and Thirteen B (13B) of U.S. 31 Industrial Park, Sections Two & Four, Second Replat recorded March 21, 2003 as Document Number 0317057 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Numbers 25- 1016 - 0600.12 and 25 -1016- 0600.18, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et seq., 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sue., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, that at the April 26, 2004 meeting, the Common Council adopted Resolution No. 3321 -04 which contained a minor scrivener's error which is being corrected in this Resolution and in all other respects said Resolution is reaffirmed. 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 an Economic Revitalization 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 completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -3 et. seq. the following: a. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. b. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; d. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; e. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and f 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. SECTION 111. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth in Sections 1 through 2 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, Indiana, dated April 16, 2004, and the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of nine (9) years. SECTION VII. 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, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. SBDS02 PFACCENDA 292648v2 PRESENTED `1'2.1' -O� qS NOT APPROVED h ADOPTED y`L�- a ter - Member of the Common Filed In Clerk's Office I1W 17 2004 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -42 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 LOT NOS. 9A AND 13A, U.S. 31 INDUSTRIAL PARK, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR BAMBER LLC 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 as substituted by adding a new commonly known address, 5053 Ameritech Drive. Sean Coleman Chairman