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Home My WebLink About4656-17 Waiving Noncompliance Waiver for Chase Plastic Services, LLC RESOLUTION No. 4656-17 Passed by the Common Council of the City of South Bend, Indiana August 28, 20-17-- Attest: City Clerk Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 29, 20 17. City Clerk Approved and signed by me � � ►x� S7 20 L! MaYor Bill No. I� —' o RESOLUTION NO. 4ub--� I q A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,WAIVING NONCOMPLIANCE WITH TAX ABATEMENT PROCEDURES FOR PERSONAL PROPERTY LOCATED AT 5245 DYLAN DRIVE, SOUTH BEND,INDIANA FOR CHASE PLASTIC SERVICES,INC. WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council") at its meeting held on November 10, 2014 adopted its Confirming Resolution 4406-14 (the "Confirming Resolution") confirming the designation of a certain area within the City of South Bend,Indiana(the "City")commonly known as 5245 Dylan Drive, South Bend, Indiana(the "Real Property") pursuant to Indiana Code 6-1.1- 12.1 (the "Act"), as an Economic Revitalization Area for the purposes of granting a five (5) year tax abatement for personal property to Chase Plastic Services, Inc. (the "Company"); and WHEREAS, the Personal Property is located upon real property more particularly described as follows: 613.6' E.n. N.e. & 613.6' E Side S.e.n.e Ex: 4.718 Ac to State and Ex Irr Tract Nel/4 Nel/4 And ex Irr tract cont 5.26 ac +/- 18-38N- 2E 9.155 ac tot 12/13 split to 025-1010-017002 Per 1111301/08/09 missed and fixed in 2013 Split to 04-1010-017001 00-01 Split Trans 12204 2/9/1998 Annxd 06-07 per Ord 9587-05 09/10 Pt to Ptg Prairie Manor#2 10/11 pt to ptg Prairie Minor#3 Beg 910.31' from the NW '/4 of 38 2e thence Ne 345.46' Thence Se 919.19 thence SW 958.27' Thence Nw 731.96 thence Ne 445.17' Thence Nw 187.23' thence Ne 167.04 To point of Beg cont 5.26 Ac +/-RP 1732 04-03-08 and which has Parcel ID Numbers 025-1010-0170, 025-1010- 016902, and 025-1010-017002. WHEREAS, the Common Council determined that the Company, which is the tenant of property owner CBK Land Development, LLC, qualified for and the Common Council granted a personal property tax deduction for a period of five(5)years as provided in the alternate abatement schedule pursuant to the Section 17 of the Act set forth below: 1 Personal Property Year Abatement 1 100% 2 80% 3 60% 4 40% 5 20% WHEREAS, St. Joseph County Assessor's office issued a Notice of Assessment dated as of January 1, 2016 with respect to the Personal Property; and WHEREAS, the Company field a timely Business Tangible Personal Assessment Return (Form 103- Long) with the Assessor for St. Joseph County prior to the deadline of May 15, 2016. WHEREAS, a Schedule of Deduction from Assessed Valuation Personal Property In Economic Revitalization Area ("Form 103-ERA") must be filed with the St. Joseph County Assessor (the "Assessor") before May 15 in the year in which the addition to assessed valuation (or new assessment) is made, or not later than thirty (30) days after the Notice of Assessment of Land and Improvements(Form 11) (the "Notice of Assessment") is mailed to the property owner if it is mailed after April 10; and WHEREAS, along with the Form 103-ERA, a Form CF-1/Personal Property is required to be attached, and in the case of first-time filings, the applicable SB-1 and Resolution from the South Bend Common Council must be filed with the Assessor; and WHEREAS, the Company filed a Form CF-1/Personal Property with the City of South Bend on or about March 11, 2016, however,the Company inadvertently did not file with the Assessor the Form 103-ERA and required attachments with it; and WHEREAS, the Company subsequently received a Tax Bill in April 2017 (the "Tax Bill") providing that the spring installment of 2016 personal property taxes on the Parcel was due May 10, 2017; and WHEREAS, the Tax Bill, without the application of the abatement previously approved by the Common Council, results in a personal property tax being due of $5,498.40; and WHEREAS, the Company timely remitted payment of$2,749.20 to the St. Joseph County Treasurer prior to the May 10, 2017 due date for Spring Taxes; and WHEREAS, the Company filed the Form 103- ERA, along with a Form 103-EL, with the Assessor on July 18, 2017, and 2 WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3 as the expression of this State's policy authorizing a local designating body to waive tax abatement noncompliance events such as the untimely or erroneous filing of an application form; and WHEREAS,the Company requests this Common Council to exercise its authority as the designated body to waive compliance by adopting a resolution pursuant to Ind. Code § 6-1.1-12.1-11.3 to enable the Company to receive the benefit of the approved tax abatement for 2016/Pay 2017; and WHEREAS, the noncompliance event has been corrected, and, pursuant to IC 6- 1.1-12.1-11.3(c), a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The above recitals are incorporated herein by reference, and the Common Council specifically finds that petitioner has presented supporting testimonial evidence of the following facts in support of this resolution: A. The petitioner states that while the Company did file a timely Form 103-Long with the Assessor and a CF-1/Personal Property Form with the City of South Bend,the Company mistakenly and inadvertently failed to file a Form 103/ERA with attachments with the Assessor's office before May 10, 2016. B. The Company exceeded the capital expenditure cost stated in the original petition for tax abatement. The initial projection associated with the purchase of new equipment for the Company was $265,000 and the actual cost through December 31, 2016, was $738,568.00. The project has met the employment representation stated in the original petition for tax abatement from when the project began operating, until the present date. C. The project is a positive development to this community. The Company p Y continues to improve the project and add equipment. D. All other required documentation has been received from the Company by the required dates. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby reaffirms that the five-year personal property tax abatement previously granted to Chase Plastic Services,Inc.in Resolution No. 4406-14 remains in effect, and it further waives the filing deadline of Form 103-RE by 3 May 10, 2016, and pursuant to Section 4.8 of the Act and Section 11.3 of the Act, adopts this resolution that authorizes acceptance. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member-o-fThTCommon Council Filed in Clerk's Office PRESENTED.. —I NOT XPPaoM AUG 09 2017 4 ahoa7ED KAREEMAH FOWLEr4 CITY CLERK,SOUTH BEN- IN