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RESOLUTION NO. 3� <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br />TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT <br />FOR ACCURIDE INTERNATIONAL, INC. <br />WHEREAS, the Common Council of the City of South Bend on October 26,1992 adopted <br />Resolution No. 1980 -92 designating the real property commonly known as 4300 Quality Drive, <br />South Bend, Indiana, 46628, as an economic revitalization area for purposes of a ten (10) year real <br />property tax abatement, the full legal description of which real property is attached hereto and <br />incorporated herein as Exhibit " 1 ", having key numbers 25 -1017 -0604; 25 -1017 -0602; and 25 -1017- <br />0602.01 ; and <br />WHEREAS, the Common Council of the City of South Bend, on November 9, 1992 adopted <br />Resolution No. 1983 -92 confirming the adoption of the declaratory resolution for this property; and <br />WHEREAS, the Common Council believes that by the property owner's announced closing <br />of its South Bend facility, Accuride International, Inc. has failed to comply with the wage and benefit <br />levels it proposed in its petition for tax abatement and with other representations Accuride made to <br />the Common Council; and <br />WHEREAS, this Council has the power pursuant to I.C. 6- 1.1 -43 -3 to revoke a real property <br />tax abatement in an economic revitalization area if a recipient fails to comply with the wage and <br />benefit levels proposed or promised by the owner in its petition for tax abatement; and <br />WHEREAS, the Common Council conducted a public hearing at its meeting on Monday, <br />February 11, 2002, in order to determine whether the Petitioner has complied with its promised or <br />proposed wage and benefit levels; and <br />WHEREAS, the property owner was notified of this public hearing and of its opportunity to <br />provide information to the Common Council as to whether the property owner has made reasonable <br />efforts to substantially comply with its promised wage and benefit levels, and whether any failure <br />to substantially comply was caused by factors beyond the control of the property owner. <br />NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South <br />Bend, Indiana, as follows: <br />Section I. The Common Council of the City of South Bend, Indiana, has conducted a public <br />hearing for the purpose of determining whether Accuride International's real property tax abatement <br />should be terminated and the property owner was duly notified of said public hearing. <br />Section II. Accuride International has failed to comply with its promised wage and benefit <br />levels and accordingly, the real property tax abatement heretofore granted to it is hereby revoked and <br />terminated,as it affects taxes due 2002, payable in 2003; taxes due in 2003, payable in 2004; and <br />taxes due in 2004, payable in 2005. <br />