HomeMy WebLinkAboutWaiving Conditions Precedent to Designating Tax Abatement - Trinet Essential Facilities X Inc. 3310 William Richardson Ct. (6 Year Real Property)Attec
RESOLUTION
3314 -04
Passed by the Common Council of the City of South Bend, Indiana
March 22,
20 04
Presented by me to the Mayor of the City of South Bend, Indiana
March 23, 20 04
Approved and signed by me March 24
I
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City Clerk
dent of Common Council
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City Clerk
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RESOLUTION NO. 331+0`
A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
3310 WILLIAM RICHARDSON COURT
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6)
YEAR REAL PROPERTY TAX ABATEMENT FOR
TRINET ESSENTIAL FACILITIES X, INC.,
FOR THE BENEFIT OF: CEQUENT TOWING PRODUCTS, INC.
WHEREAS, TriNet Essential Facilities X, Inc., for the benefit of: Cequent Towing Products, Inc.
(the "Petitioner ") filed a petition for real property tax abatement (the "Petition ") and a Form SB-
1 statement of benefits with the South Bend City Clerk on March 17, 2004 for consideration by
the Common Council of the City of South Bend, Indiana (the "Common Council "), requesting
that the area commonly known as 3310 William Richardson Court, South Bend, Indiana, and
which has the parcel key number 25- 1013 - 021605 (the "Property "), be designated as an
economic revitalization area under the provisions of Indiana Code sections 6 -1.1- 12.1 -1 et se .,
and South Bend Municipal Code sections 2 -76 et sea.; and
WHEREAS, the Petitioner's contractor obtained a building permit on March 11, 2004,
and began rehabilitation (as defined by Indiana Code section 6- 1.1- 12.1 -1(6)) of the Property on
or about March 11, 2004; and
WHEREAS, the Common Council has adopted a policy requiring that petitioners for real
property tax abatement wait until after the Common Council has adopted a declaratory resolution
in accordance wit h Indiana Code section 6 -1.1- 12.1- 2.5(b), before obtaining a building permit
and before initiating redevelopment or rehabilitation of real property; and
WHEREAS, the Petitioner has presented substantial evidence to the Common Council
that circumstances beyond the Petitioner's control resulted in a building permit being issued and
rehabilitation of the Property commencing before the Common Council had adopted a
declaratory resolution, and the Common Council has concluded that such circumstances present a
compelling reason to waive the Common Council's policy;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. The Petitioner has presented testimonial evidence of the following facts and the
Common Council hereby makes the following findings of fact in support of this resolution:
The Petitioner made a good faith effort to notify all contractors to not initiate rehabilitation
activities until such time as the petition for tax abatement had been considered by the Common
Council.
Not withstanding these instructions, and unbeknownst to the Petitioner, the contractor obtained a
building permit on March 11, 2004 and initiated rehabilitation activities on a portion of the
project representing a cost of $12,800.
Upon discovery of the error, the contractor was immediately notified to cease rehabilitation
activities.
The Petitioner acknowledges and respects the long- standing policy of the Common Council to require that
the economic revitalization area declaratory resolution be adopted by the Common Council before
a building permit is obtained and before rehabilitation commences.
At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated
with all requests of the Common Council and the South Bend Department of Community and
Economic Development, and has made every effort to comply, to the best of its ability, with the
requirements of law and the policies of the Common Council.
Because the Petitioner made a good faith effort to comply, and it was only discovered after the
submission of the Petition for tax abatement that a permit was pulled six days prior, and upon
discovery of the error all rehabilitation activities were immediately terminated, the Petitioner
respectfully requests a waiver of the requirement to first receive approval of a declaratory
resolution by the Common Council.
SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that
sufficient reasons exist to waive noncompliance by the Petitioner with certain conditions
precedent to rehabilitation of the Property, in accordance with Indiana Code section 6- 1.1 -12.1-
11.3, however, the Council excludes from this waiver the amount of $12,800 which is the
amount indicated on the building permit obtained on March 11, 2004.
SECTION III. The Common Council hereby waives such noncompliance, for the purpose of
permitting the Council to proceed with consideration of the Petition on its merits.
SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PRESENTED J -u-o`I as AYW/e�,A0A
NOT APPROVED ``
ADOPTED � 3 -1? "ny QS �`� ` AAA
led In Clerk's Office
MAR 2 3 2MJ
JOHN VOONDE
CITY CLERK. s0. BEND, qh
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -35 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE
ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 3310 WILLIAM RICHARDSON COURT TO
BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET
ESSENTIAL FACILITIES X, INC., FOR THE BENEFIT OF:
CEQUENT TOWING PRODUCTS, INC.
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 amended by
new language.
Sean Coleman
Chairman