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WHEREAS, the Department of Community and Economic Development has concluded an <br />investigation and prepared a report with information sufficient for the Common Council to <br />determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, <br />et sec., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and <br />plats showing the boundaries and such other information regarding the area in question as required <br />by law; and <br />WHEREAS, the Community and Economic Development Committee of the Common Council has <br />reviewed said report and recommended to the Common Council that the area qualifies as a <br />Residentially Distressed Area. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />SECTION I. The Common Council hereby determines and finds that the petition for real property <br />tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- <br />12.1 et sea., for tax abatement. <br />SECTION II. The Common Council hereby determines and finds that the area meets one of the <br />following conditions as formally established in Ordinance no. 8845 -97, which was passed on <br />December 8, 1997: <br />A. The area is comprised of parcels that are either unimproved or contain only one (1) <br />or two (2) family dwellings designed for up to four (4) families, including accessory <br />buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br />i. the subject of an order issued under IC 36 -7 -9; or <br />ii. evidencing significant building deficiencies; or <br />C. Parcels of property in the area: <br />i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or <br />ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area are not permanently occupied <br />or a significant number of parcels in the area are vacant land; or <br />E. A significant number of dwelling units within the area are: <br />i. the subject of an order issued under IC 36 -7 -9; or <br />ii. evidencing significant building deficiencies; or <br />F. The area has experienced a net loss in the number of dwelling units, as documented <br />by census information, local building and demolition permits, or certificates of occupancy, <br />or the areas are owned by Indiana or the United States; or <br />G. The area (plus any areas previously designated under this subsection) will not exceed <br />ten percent (10 %) of the total area within the Council's jurisdiction. <br />SECTION III. The Common Council also hereby determines and finds the following: <br />A. That the description of the proposed redevelopment meets the applicable standards for <br />such development. <br />B. That the estimate of the value of the redevelopment is reasonable for projects of this <br />nature; <br />C. That the other benefits about which information was requested are benefits that can <br />be reasonably expected to result from the proposed described redevelopment; and <br />D. That the totality of benefits is sufficient to justify the requested deduction, all of which <br />satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. <br />E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local <br />code standards for habitability. <br />F. The deduction will not be allowed unless the dwelling rehabilitation is completed <br />within five (5) calendar years from the date of the adoption of this Resolution by the <br />Common Council. <br />SECTION IV. The Common Council hereby determines and finds that the proposed described <br />redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits <br />and the petition for real property tax abatement consideration and that the Statement of Benefits <br />form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under <br />Indiana Code 6 -1.1- 12.1 -3. <br />2 <br />