HomeMy WebLinkAboutDeaignating Tax Abatement - David Petty & Davis Diroll 2215 Topsfields Ln. Topsfield Subdivision (5 Year Residential Property)Attest:
RESOLUTION
3245 -03
Passed by the Common Council of the City of South Bend, Indiana
September 8,
20 03 .
Presented by me to the Mayor of the City of South Bend, Indiana
September s, 20 03
City Clerk
President of Common Council
Approved and signed by me September 9 20 03 .
City Clerk
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
2215 TOPSFIELD LANE
TOPSFIELD SUBDIVISION
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
DAVID PETTY AND DAVID DIROLL
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement has 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 2215 Topsfield Lane, Topsfield Subdivision South Bend, Indiana, and which is
more particularly described as follows:
Lot 19, Exc W 14'& Tri Tr NW Cor to R/W
Topsfield 3rd Add
and which has Key Number 26- 1001- 000122, 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 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 a Residentially Distressed 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, 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. 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 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 Board 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 be 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.
�f K,vvt
Member of the Common Council
PRESENTED � o3
NOT APPROVED
ADOPTED I..- U
Filed In Clerk's office
SEP 0 3 2003
Long J. DUDA
CITYCLfiRK, SO. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -102 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 2215
TOPSFIELD LANE, TOPSFIELD SUBDIVISION, AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
DAVID PETTY AND DAVID DIROLL
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.
Sean Coleman
Chairman