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RESOLUTION NO. �� q - k <br />A RESOLUTION OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN <br />THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS <br />LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE <br />AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A <br />FIVE (5) YEAR RESIDENTIAL REAL <br />PROPERTY TAX ABATEMENT FOR <br />ROJO DEVELOPMENT, INC. <br />WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement <br />has been submitted to and filed with the City Clerk for consideration by the Common Council <br />of the City of South Bend, Indiana requesting that the area commonly known as Lots 124 & 125 <br />Hermitage South Estates, Section Three, South Bend, Indiana, and which is more particularly <br />described as follows: <br />LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE <br />and which has tax Key Number 23 -1037 -2095, be designated as a Residentially Distressed Area <br />under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code <br />Sections 2 -76 et sea., and; <br />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- <br />12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared <br />maps and plats showing the boundaries and such other information regarding the area in question <br />as required by law; and <br />WHEREAS, the Community and Economic Development Committee of the Common Council <br />has 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 <br />property tax abatement and the Statement of Benefits form meet the requirements of Indiana <br />Code 6 -1.1 -12.1 et seq., for tax abatement. <br />SECTION 11. 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 />