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WHEREAS, the Petitioner has proceeded in good faith to complete the project and has <br />provided those benefits which served as the basis for the original grant of abatement by the <br />City; and <br />WHEREAS, Petitioner has just recently been made aware of the date of completion of the <br />project, and not the date on the property is physically within the Economic Revitalization <br />Area will determine the availability of tax abatement; and <br />WHEREAS, Indiana Code § 6 -1.1- 12.1 -11.3 permits the Common Council to grant the relief <br />requested by Petitioner; and <br />WHEREAS, the Petitioner has requested an additional period of time to complete <br />installation of the equipment. <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 hereby confirms its Declaratory Resolution and its <br />Confirmatory Resolution designating the area described herein as an Economic <br />Revitalization Area for the purposes of property tax abatement. Such designation is for <br />personal property tax abatement only and is limited to three (3) calendar years from the <br />date of adoption of the Confirmatory Resolution by the Common Council, covering all new <br />manufacturing equipment installed within the declared Economic Revitalization Area on or <br />before April 28, 1995. <br />SECTION R. The Common Council hereby waives compliance with the requirements of <br />Indiana Code § 6 -1.1- 12.1 -1 et seq., as permitted by Indiana Code § 6 -1.1- 12.1 -11.3, to the <br />extent necessary to give affect to this Resolution. Without limiting the general scope of this <br />waiver, the Common Council hereby approves the amended Form SB -1 Statement of <br />Benefits attached hereto as Exhibit A, and specifically waives the Petitioner's failure to <br />submit said Statement of Benefits to the Common Council before the installation of new <br />manufacturing equipment, in accordance with Indiana Code § 6 -1.1- 12.1- 11.3(a)(2). <br />SECTION III. The Common Council hereby determines that the property owner is <br />qualified for and is granted personal property tax deductions for a period of five (5) years, <br />and further determines that the petition complies with Chapter 2, Article 6, of the Municipal <br />Code of the City of South Bend and Indiana Code § 6 -1.1- 12.1 -1 et seq. <br />SECTION IV. This Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approval by the Mayor. <br />Member of the Common Council <br />EIS 93074 <br />-3- <br />PRESENTED <br />NOT APPROVED <br />ADOPTED 7, �- 2 —q6 <br />Filed in Clerk's Office <br />MAY 2 8 1996 <br />LORETTAd. DUDA <br />MY OLEIK BO. BEND. IN. <br />