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WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing <br />before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrances and objections from interested persons; and <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <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 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 II. The Common Council hereby determines and finds that the area meets one of the <br />following conditions as formally established in Ordinance No. 9394-03, which was passed on <br />February 10, 2003: <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 <br />occupied 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 <br />occupancy, 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 <br />exceed ten percent (10%) of the total area within the Council's jurisdiction. <br />2 <br />