HomeMy WebLinkAbout78-17 Tax Abatement Enforcement T .
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le Common Council
I86S 441 County-City Building • 227 W.Jefferson Blvd (574)235-9321
South Bend,Indiana 46601-1830 Fax (574)235-9173
TDD: (574)235-5567
Tim Scott http://www.southben(iin.gov
President
Oliver Davis October 4, 2017 Filed in Clerk's Office
Vice-President
OCT 04 2017
Gavin Ferlic South Bend Common Council _ _
Chairperson,Committee 4th Floor, County-City Building KP�R-ELtM,�H a' VLER
of the Whole South Bend, IN 466o1 L2LTY CLERtd�L, IN
Tim Scott
First District Re: Bill No. 78-17Proposed Tax Abatement Enforcement Ordinance
Regina Williams Preston Dear Council Members:
Second District
I am filing today the attached proposed amendment (addition) to the
Randy Kelly enforcement provisions of the tax abatement ordinance. This proposed
Third District amendment should be scheduled for first reading on October 9, 2017
and considered for second and third readings and public hearing in
Jo M. Broden
Fourth District conjunction with Substitute Ordinance 48-17 on October 23, 2017.
David Varner Thank you for your consideration.
Fifth District
Oliver Davis Si e e Yours,
Sixth District '
Gavin Ferlic
At Large Regina illiams-Preston
John Voorde Councilmember, 2nd District
At Large
Karen White
At Large
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING A SECTION OF CHAPTER 2, ARTICLE 6, SECTION 2-84.14
OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS
STATEMENT OF PURPOSE AND INTENT
It is the intention of the City of South Bend to enforce its tax abatement ordinance and
provide assurance to the public that taxpayer subsidies are used to provide real benefits to the
community and that companies receiving taxpayer subsidies via tax abatements are complying
with the terms of the abatement throughout the life of the abatement.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Chapter 2, Article 6, Section 2-84.14 is hereby amended by adding paragraphs 0), (k),
and (1)to read as follows:
Sec. 2-84.14. - Failure of petitioner to comply may result in fines being imposed or
termination of economic revitalization designation and repayment of taxes previously
abated.
(j) Petitioner must inform each of its employees of the benefits provided to them due to the terms
and conditions of its abatement by posting these terms and conditions in conspicuous locations
throughout petitioner's premises including in places where EEOC posters are displayed. The
posted benefits should include instructions as to how and where an aggrieved employee may file
a complaint. Also, all new employees shall be given written notice of the employee benefits due
to this abatement at the time of employment.
(k) The chief executive officer,president, managing partner, general partner, managing member,
owner, or their approved designee, of the petitioner shall represent and warrant to the
Department of Community Investment ("DCI")under penalty of perjury within 120 days of the
end of each calendar year in which the petitioner receives the tax benefit of an abatement,that
the petitioner is in compliance with the terms and conditions of the abatement.
(1) DCI shall randomly audit no less than five tax abatement recipients each calendar year and
certify the recipients' compliance with the terms and conditions of the their abatements.
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication.
Tim Scott, Council President
South Bend Common Council
Kareemah Fowler, City Clerk
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Kareemah Fowler, City Clerk
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Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
1st READING OCT 04 2017
PUBLIC HEAW,"
3 rd READING KAREEMAH FOWLER
NOT APPRO', CITY CLERK,- REND,IN
REFERRED - ---