Reconfirming Tax Abatement - Concrete & Asphaly Recycling, Inc. 2950 W. Lathrop Dr. (5 Year Personal Property)

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RESOLUTION NO. 276- A RESOLUTION CORRECTING CERTAIN PROCEDURAL DEFICIENCIES AND RECONFIRMING THE ADOPTION OF THE DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 2950 West Lathrop Drive South Bend, Indiana 46628 TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CONCRETE & ASPHALT RECYCLING WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a Declaratory Resolution, being Resolution Number 1928 -92, designating the area commonly known as 2950 West Lathrop Street and which is more particularly described as follows: Five ( 5 ) acres more or less, located in the northwest quarter of the northwest quarter of Section 34, Township 38 North, Range 2 East, which is approximately 100 acres, in St. Joseph County, State of Indiana, commonly known as 2950 Lathrop, South Bend, Indiana, with said real estate having the following Key Number: 19 -2109- 4960, as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, after due publication of notice thereof, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council determined that the qualifications for an economic revitalization area were met; and WHEREAS, the Council adopted a resolution confirming the adoption of a Declaratory Resolution, being Resolution Number 1932- 92; and WHEREAS, the taxpayer, Concrete & Asphalt Recycling, Inc., did install new manufacturing equipment known as an Eagle Jumbo 1400 Close Circuit Portable Crushing Machine on March 6, 1992, and due to certain procedure irregularities, tax abatement with respect to such manufacturing equipment was subsequently denied by the Indiana State Board of Tax Commissioners; and WHEREAS, Senate Enrolled Act Number 313, which became effective July 1, 1995, authorizes the Council to correct various procedural deficiencies and to provide the taxpayer with the intended tax abatement as contemplated by the aforementioned earlier resolutions of this Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby reconfirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such