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Home My WebLink About10155-12 Amend Code Section 2-84.13 and Section 2-84.15 Chapter 2 Article 6 Addressing Annual Tax Abatement Notice and Reporting DatesORDINANCE No. 10156-12 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: March 26, 20 12 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me March 27, 20 12 City Clerk President of Common Council -) —Z� 20 l L City Clerk Ma�wr Bill No. [ -012 Ordinance No. 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING INDIVIDUAL PARAGRAPHS WITHIN SECTION 2 -84.13 AND SECTION 2 -84.15 OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ANNUAL TAX ABATEMENT NOTICE AND REPORTING DATES STATEMENT OF PURPOSE AND INTENT This ordinance proposes adjustments to two (2) reporting dates related to the annual review of information on all tax abatement activities for the past calendar year in the City of South Bend. Currently the South Bend Municipal Code includes an annual review process which begins with the Community and Economic Development Department who is responsible for notifying property owners of the reporting requirements on or before February 1St of each year. All data received from property owners receiving tax abatement is then assimilating into an annual report which the Community and Economic Development Department is to file with the Office of the City Clerk and the Common Council on or before March 31St of each year. In the interest of promoting greater efficiencies with other required filings and reporting, this ordinance proposes to change the initial annual contact date to on or before April 15d' ; and proposes to change the date which the Community and Economic Development Department files their annual report to June 15th. It is believed that the information received by the Community and Economic Development Department will be more complete by adjusting these dates for the annual review. This ordinance also proposes to change notification by the City to email in order to improve the timeliness of such reporting procedures and to save costs to the taxpayers in carrying out these duties and responsibilties. C�o dam , & w axdc � Gy de '�'-&&mman Wcance/ of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 6, Section 2 -84.13 (b) of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 2 -84.13 Annual Review of Petitions By Council. (b) Additionally, the petitioner shall file with the Committee its annual report on forms previous sent to it by the Community and Economic Development Department. Such mailift g notice by the Community and Economic Development Department shall be done annually to each such petitioner on or before Fes, April 15, by era mail or email and shall provide notice that if the property owner fails to comply, that it may be subject to fines as set forth in this article. Petitioners must return their completed annual report within thirty (30) days from the date the Community and Economic Development Department sends email notice the, ,.4,,....oa r pt mail Tax Abatement Annual Notice and Reporting Dates Ordinance Page 2 Section II. Chapter 2, Article 6, Section 2 -84.15 (a) of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 2 -84.15 Annual Summary to be Prepared by Community and Economic Development Department. (a) On or before TAT June 15 of each year, the Community and Economic Development Department shall file an annual report with the City Clerk and Council summarizing all tax abatement activity for the past calendar year. The report shall include, but not be limited to, the following information: The number of tax abatement petitions filed, number and type of abatement granted, names and addresses of all petitioners who failed to comply with section 2- 84.13, and other relevant information. The report shall include a copy of the County Auditor's information published by the County Auditor as required by IC 6 -1.1- 12.1 -8. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member Henry Da 's, Jr., Chairperson Community and Economic Development Committee Member of the Common Council orde, City Clerk Ydby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on theZ-,�9-N� day of 2012, at L 1 `Ij�- o'clock cam. m. t r_ c • , � Janice lboom, Deputy Clerk c9�11w.aved and:, d by me on the Z1'\ day of , 2012, at 4 o'clock rm 1 st READING 3-0c-1L- PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 3 -0- -tL Pete Buttifgieg,,,� Mayor City of South Bend, Indiana Filed in Office FCLEtK,S0UTH 12 CITBEND, IN �! City of South Bend \SAGE Common Council x 1865 R 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large March 15, 2012 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov At the March 12th Community and Economic Development Committee meeting, Don Inks, Director of the Division of Economic Development gave an update on reporting deadlines under the City's Tax Abatement Program. He recommended that the reporting requirements could be improved with adjusting the dates in the city's governing ordinance. The attached ordinance would change the initial notice date from February 1 St to April 15th and would require the Community and Economic Development to complete all notice requirements by regular mail or email by that date. It would further change the date when the annual report would be filed with the Office of the City Clerk and the Common Council from March 31St to June 15th. The state law requirement for property owners to complete and file their CF1 Reports would continue to be May 15th. The Council Attorney worked with Beth Leonard Inks, Director of Financial and Program Management in the drafting of this ordinance. Based on the discussions at the March 12th committee meeting, the City Administration will be requesting the Common Council to suspend the rules at its meeting of March 26 , so that 1St & 2"d readings, public hearing and 3rd reading may all take place on that date. Further discussion will take place at the March 26th CED meeting. Thank you. Si Hen is, r., son Community and Economie-Development Committee Attachment Filed in Office MBAR 6 2012 JS£l �a k ME CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10 -12 A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING INDIVIDUAL PARAGRAPHS WITHIN SECTION 2 -84.13 AND SECTION 2 -84.15 OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ANNUAL TAX ABATEMENT NOTICE AND REPORTING DATES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation by suspended the rules and letting the council have 1St reading, public hearing /2nd reading and third reading on this bill. This bill was heard by the Community and Economic Development Committee. Oliver Davis Chairperson, Committee of the Whole