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Home My WebLink AboutConfirming Tax Abatement - Kendall-Weiss, LLP Various Addresses in LaFayette Falls Subdivision, Section 1 (5 Year Residential Property)RESOLUTION 3352 -04 Passed by the Common Council of the City of South Bend, Indiana July 12, Attest: 20 04 Presented by me to the Mayor of the City of South Bend, Indiana July 13, 20 04 Approved and signed by me President of the Common Council City, Cleric 2004 . City Clerk RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 64519 65077 65159 66149 6606, 6534, 6519, 64549 6446, 6438 ERIE FALLS DRIVE, 1010 ,10209 10289 10319 10239 10159 1005 POTTER POINT DRIVE AND 65269 64629 6454, 64449 64369 64289 64299 64399 64459 6453, 6507, 6513 REDENBACHER COURT, AND 6430 ARMSTRONG DRIVE, LA FAYETTE FALLS SUBDIVISION, SECTION ONE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISS, LLP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 20000- 21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 6451 Erie Falls Drive 6507 Erie Falls Drive 6515 Erie Falls Drive 1010 Potter Point Drive 1020 Potter Point Drive 1028 Potter Point Drive 1031 Potter Point Drive 1023 Potter Point Drive 1015 Potter Point Drive 1005 Potter Point Drive 6614 Erie Falls Drive 6606 Erie Falls Drive 6534 Erie Falls Drive Lot 24 La Fayette Falls, Section 1 Lot 25 La Fayette Falls, Section 1 Lot 26 La Fayette Falls, Section 1 Lot 204 La Fayette Falls, Section 1 Lot 205 La Fayette Falls, Section 1 Lot 206 La Fayette Falls, Section 1 Lot 216 La Fayette Falls, Section 1 01- 1002 - 002203 01 -1002- 002204 01- 1002 - 002205 01- 1002- 002206 01- 1002 - 002207 01- 1002- 002208 01- 1002 - 002210 Lot 217 La Fayette Falls, Section 1 01 -1002- 002211 Lot 218 La Fayette Falls, Section 1 01- 1002 - 002212 Lot 219 La Fayette Falls, Section 1 01 -1002- 002213 Lot 220 La Fayette Falls, Section 1 01 -1002- 002214 Lot 221 La Fayette Falls, Section 1 01- 1002 - 002215 Lot 222 La Fayette Falls, Section 1 01- 1002 - 002216 6526 Redenbacher Court 6462 Redenbacher Court 6454 Redenbacher Court 6444 Redenbacher Court 6436 Redenbacher Court 6428 Redenbacher Court 6429 Redenbacher Court 6439 Redenbacher Court 6445 Redenbacher Court 6453 Redenbacher Court 6507 Redenbacher Court 6513 Redenbacher Court 6519 Erie Falls Drive 6454 Erie Falls Drive 6446 Erie Falls Drive 6438 Erie Falls Drive 6430 Armstrong Drive Lot 223 La Fayette Falls, Section 1 Lot 237 La Fayette Falls, Section 1 Lot 238 La Fayette Falls, Section 1 Lot 239 La Fayette Falls, Section 1 Lot 240 La Fayette Falls, Section 1 Lot 241 La Fayette Falls, Section 1 Lot 255 La Fayette Falls, Section 1 Lot 256 La Fayette Falls, Section 1 Lot 257 La Fayette Falls, Section 1 Lot 258 La Fayette Falls, Section 1 Lot 259 La Fayette Falls, Section 1 Lot 260 La Fayette Falls, Section 1 Lot 261 La Fayette Falls, Section 1 Lot 262 La Fayette Falls, Section 1 Lot 263 La Fayette Falls, Section 1 Lot 264 La Fayette Falls, Section 1 Lot 265 La Fayette Falls, Section 1 01- 1002 - 002217 01 -1002- 002218 01- 1002 - 002219 01- 1002 - 002220 01- 1002 - 002221 01 -1002- 002223 01- 1002 - 002224 01- 1002 - 002225 01- 1002 - 002226 01- 1002- 002227 01 -1002- 002228 01 -1002- 002229 01 -1002- 002230 01- 1002 - 002231 01- 1002 - 002232 01- 1002 - 002233 01- 1002 - 002234 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. 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. 8845 -97, which was passed on December 8, 1997: 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED 1 -\-- -0 1 NOT APPROVED ADOPTED 1. k2.- O �l Member of the Common Codncil Filed In Clerk's Office R'l 13 7-001 JOHN VOORDE