HomeMy WebLinkAboutSubstitute 78-17 Tax Abatement Enforcement City of South Bend
Common Council
M . 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.southbendin.gov
President October 17, 2017
Oliver Davis
Vice-President South Bend Common Council
4th Floor, County-City Building
Gavin Ferlic South Bend, IN 46601
Chairperson,Committee
of the Whole Re: Proposed Substitute Tax Abatement Enforcement Ordinance,
Tim Scott Bill 78-17
First District
Dear Council Members:
Regina Williams Preston
Second District I am filing today the attached proposed substitute amendment to the
enforcement provisions of the tax abatement ordinance, Chapter 2,
Randy Kelly Article 6, section 2-84.14(g). This proposed amendment addresses
Third District factors beyond the control of the applicant that causes the applicant's
jo inability to substantially comply with all of its commitments and the
Fourth th District Department of Community Investment's duty to document and disclose
those factors. This bill had first reading on October 9, 2017 and is
David Varner scheduled for second and third readings and public hearing on October
Fifth District 23, 2017.
Oliver Davis Thank you for your consideration.
Sixth District
Gavin Ferlic Sincerely Yours,
At Large
John Voorde Fled in Clerk's Office
At Large
Karen White Regina Williams-Preston OCT 1 7 20 1 7
At Large KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
SUBSTITUTE ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING A SECTION OF CHAPTER 2,ARTICLE 6 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 replacing paragraph(g),
and 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.
(g) If the Department of Community Investment recommends to the Council that there are factors beyond
the control of the applicant that led to the applicant's inability to substantially comply with all of its
commitments,the Department shall document these factors in detail to the Council. The Council's
Community Investment Committee shall meet promptly to consider the applicant's compliance. All
documentation related to the applicant's compliance shall be included in the Council's packet of materials
distributed before the above-referenced meeting of the Community Investment Committee. Such packet
shall be posted and maintained online on the City of South Bend's website.
(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 take effect upon passage by this Common Council, approval
by the Mayor, and any publication required by law.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of ,2 , at o'clock . m.
Deputy City Clerk
Approved and signed by me on the day of . 2 at
o'clock m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READING
PUBLIC HEARING OCT l ZQ��
3 rd READING
NOT APPP0Vr_ —_.•r I
KAREEMA�i -t �nrt ,�
CITY CLERK,SOU I rs n[ ,.:�, IN