HomeMy WebLinkAboutConfirming Tax Abatement - Federal-Mogul Powertrain Inc. 3605 West Cleveland Road (5 Yr. Personal Property)Attes
RESOLUTION
4185 -12
Passed by the Common Council of the City of South Bend, Indiana
May 29, 12
20
Presented by me to the Mayor of the City of South Bend, Indiana
May 30, 20 12
City Clerk
dent of Common Council
Approved and signed b r ' - 20-11=-.
NN � Y me
City Clerk
0
RESOLUTION NO. q 1 yF - (I-
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
3605 WEST CLEVELAND ROAD
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
FEDERAL- MOGUL POWERTRAIN, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
3605 West Cleveland Road, South Bend, Indiana, and which is more particularly
described as follows:
A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East,
2nd P.M., St. Joseph County, Indiana, and more particularly described as follows:
Beginning at a point on the East -West Half section line of said East Half North 88
degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence
North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53
minutes 36 seconds East, parallel with the East -West half section line of said Section,
800.00 'feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence
northwesterly 550.14 feet along an arc to the right having a radius of 4463.66 feet and
subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds
West and a distance of 549.80 feet; thence North 51 degrees 05 minutes 08 seconds West
465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East -
West half section line of said East half the point of beginning, and containing 26.203
acres, more or less
and which has Key Number 25- 1013 -0218 as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Personal property tax abatement only
and is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Personal property tax deduction for a period of (5) five years,
and further determines that the petition complies with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et SeMc .
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
I � I
dza ;fed an Clerk's g ",.
MAY 08, ZUR
l?3?ESENTED
90T APPROVED`
e .
;k DOPTED
I200 COUNTY -CITY BUILDING
2.2.7 W. JEFFERSON BOUIEVARD
SOUTH BEND, INDIANA 4660I -1830
May 2, 2012
PHONE 574/ 23 5-9371
FAX 574/235 -9021
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
Council Member Henry Davis, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
Federal- Mogul Powertrain, Inc.
Dear Council Member Davis:
Please find attached the Department of Community & Economic Development's report on a personal
property tax abatement petition for the above- referenced petitioner. Also attached is a copy of the petition,
Statement of Benefits form, and supporting information. The project calls for the acquisition and
installation of new equipment as part of the company's planned increase in productive capacity in its facility
located at 3605 West Cleveland Road.
The report contains the Department's findings relative to the above petition. Federal Mogul will be
purchasing and installing new equipment. The total project cost for the equipment is estimated at
$21,802,000. The project meets the qualifications for a (5) five -year personal property tax abatement and a
representative from Federal Mogul will be available to meet with the Committee on Monday, May 14, 2012.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -9278.
Sincerely,
Cd-7—
Kathy Hahn
Economic Development Specialist
Attachments
cc: South Bend Common Council Members
Mayor Buttigieg
Aladean DeRose
Don Inks
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT
PAMELA C. MEYER DONALD E. INKS
5741235-966o 574/235-937r
FAX: 574/235-9469
I200 COUNTY -CITY BUILDING
22.7W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 466oi -1830
PHONE 574/ 23 5-9371
FAX 574/235-9021
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
TAX ABATEMENT REPORT
TO: SOUTH BEND REDEVELOPMENT COMMISSION
FROM: KATHY HAHN
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
FEDERAL- MOGUL POWERTRAIN, INC.
DATE: May 1, 2012
On April 30, 2012 a petition for personal property tax abatement consideration for property located at
3605 West Cleveland Road was filed with the City Clerk by Federal- Mogul Powertrain, Inc. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was
referred to the Department of Community and Economic Development for purposes of investigation and
preparation of a report determining whether the area qualifies as an Economic Revitalization Area
pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met.
The Department of Community and Economic Development has reviewed the petition, investigated the
area, and makes the following report.
PROJECT SUMMARY
Federal- Mogul Powertrain, Inc. is a manufacturer of automotive pistons. Customers include most of the
major foreign and domestic automotive manufacturers. Operations in South Bend began in 1987. Federal -
Mogul, Inc. has maintained employment levels consistently between 300 and 400 full time positions with
total salaries between $18 million and $20 million. Total gross sales generated from the South Bend
facility averaged $82 million over the past five years. Approval of this application will allow for continued
capital investment in the South Bend facility. Without additional investment and greater production
efficiencies offered by newer processes and new product lines, more than 70% of the existing production
would likely be shifted outside of Indiana- most likely to another country. The project will invest
$18,340,000 in new manufacturing equipment including: 1) a Gen V 5.31, Piston Line ; 2) a Gen V
4.3L/6.2L Piston Line; 3) a LKW 2.5 L Piston Line; and 4)- an aluminum bulk metal furnace.
Additionally, they will install a new R & D prototype lab costing $3,462,000. The total project cost is
COMMUNITY DEVELOPMENT ECONOMIC DEVF.I.OPMENT
PAMELA C. MHYER - DONALD E. INKS
574/235-966D 574/235-9371
FAX: 574/235-9469
South Bend Common Council
RE: Tax Abatement Federal- Mogul Powertrain, Inc.
May 1, 2012
Page 2
4.3L/6.2L Piston Line; 3) a LKW 2.5 L Piston Line; and 4) an aluminum bulk metal furnace.
Additionally, they will install a new R & D prototype lab costing $3,462,000. The total project cost is
$21,802,000. Total taxes to be abated during the (5) five -year abatement period are estimated at
$215,239. Total new taxes to be paid over five years are $1,898,562.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will create twenty (20) new, permanent, full -time jobs
within the first year, representing a new annual payroll of $932,000. The project will maintain 409
existing, permanent full -time jobs representing an annual payroll of $20,503,000.
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted, finds that the petitioner has been granted or
associated with 15 (fifteen) previous tax abatements:
Term /Type
Resolution No.
Date
5 -year personal property
3641 -06
07/28/2006
5 -year personal property
3397 -04
10/28/2004
5 -year personal property
3232 -03
08/25/2003
5 -year personal property
3086 -02
04/22/2002
3 -year real property
3085 -02
04/22/2002
10 -year real property
2929 -00
09/25//2000
5 -year personal property
2930 -00
09/25/2000
6 -year real property
2686 -98
10/26/1998
5 -year personal property
2685 -98
10/26/1998
5 -year personal property
2174 -94
09/26/1994
5 -year personal property
2057 -93
07/26/1993
10 -year personal property
2056 -93
07/26/1993
5 -year personal property
1864 -91
04/22/1991
5 -year personal property
#R07 -86
05/13/1986
10 -year real property
#R07 -86
05/13/1986
South Bend Common Council
RE: Tax Abatement Federal- Mogul Powertrain, Inc.
May 1, 2012
Page 3
2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is located in
the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore,
the petition for personal property tax deduction must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible
Personal Property Tax Abatement.
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1E 3
CITY OF SOUTH BEND PETITION FOR TANGIBLE
PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of new manufacturing equipment, new research and
development equipment, new logistical distribution equipment and /or new information
technology equipment, all personal property, located within the City of South Bend,
hereby petition the Common Council of the City of South Bend for personal property
(new manufacturing equipment, new research and development equipment, new
logistical distribution equipment and /or new information technology equipment) tax
abatement consideration and pursuant to I.C., 6 -1.1 -12.1, et seg., and South Bend
Municipal Code Section 2 -84.2, et sea., for this petition state the following:
1. Describe the proposed project, including information about the new personal
property identified as manufacturing, research and development, logistical
distribution and /or information technology equipment ( "Equipment ") to be installed,
the amount of land to be used, if any, the proposed use of the Equipment, and a
general statement as to the importance of the project to your business.
If approved for abatement, new manufacturing equipment will be acquired and installed to manufacture three new product lines
to supply component parts (pistons and piston assemblies) to automobile manufacturers: t) GM Gen V 5.31. Piston -cost $8.281,000,2) GM Gen V4.31-16.21. Piston -cost $6,434,000,
3) GM LKW 2.51. Piston - cost $3,025,00, and 4) Aluminum Bulk Melt Furnace for Ford Nano - Cost $600,000. Additionally, a new Prototype Lab will be added for continued R&D with a cost
of $3,462,000. Continued new product lines with ever - increasing technological advances at the South Bend facility are critical
to the facility's long term viability. Federal -Mogul Powertrain, Inc. respectfully requests the South Bend Common Council
approve a 10 -Year Abatement for the multitudes of significant new investment associated with this abatement application.
2. The project will: (a) create 20 permanent, full -time and 0 permanent, part -
time jobs within the first year, representing a new annual payroll of $ 932.000
and (b) maintain 409 existing, permanent, full -time and o existing,
permanent, part -time jobs representing an annual payroll of $ 20,503,000 for
existing employees.
I Provide current wage information for existing employees including: base rate, cost -
of- living allowances, hazardous -duty pay, incentive pay including commissions and
production bonuses, on -call pay and tips (please show average hourly rate or
range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay,
shift differentials, non - production bonuses, and tuition reimbursements.
Laborers
Technical
Managerial
Administrative
(Rev. 5/13111)
Full -Time
$ 13.69 -23.98
$ 28.24
$ 34.57
$ 25.45
Part -Time
$ n/a
$ n/a
$ n/a
$ n/a
4. The projected annual salary for each new position indicated in item 2 above is
estimated to be as follows (Please attach a separate sheet if more space is
needed):
POSITION (Indicate Full time [FT] or Part time [PT]) EMPLOYMENT WAGE
Potential new hires are 1 Prototype Admin - $26,000, 1 Prototype Manager - $85,000, 2 Maintenance Techs - $118,000,
2 Shipping & Receiving Operators - $60,000,4 Engineers - $250,000 administrative, 10 Line Operators - $393,000.
5. Estimate the total cost of the new Equipment: $ 21.802,000
6. (a) The Equipment is owned or to be owned by the following individual(s) or
corporation(s) (if the business organization is publicly held, indicate also the
name of the corporate parent, if any, and the name under which the corporation
has filed with the Securities and Exchange Commission):
NAME ADDRESS INTEREST ( %)
Federal -Mogul Corporation located at 26555 Northwestern Highway, Southfield, MI 48034 with 100% Owning Interest
dba Federal Mogul Powertrain, Inc.
(b) The following other person(s) or corporation(s) lease, intend to lease, or have
an option to buy the Equipment (include corporate information as required in
(6)(a) above, if applicable):
NAME ADDRESS INTEREST ( %)
Not Applicable
7. Give a brief description of the overall nature of the business and of the operations
occurring at the location for which tax abatement is requested:
Federal -Mogul Powertrain, Inc. is a manufacturer of automotive pistons. Customers include most of the major foreign and
domestic automotive manufacturers. Operations in South Bend, IN began in 1987. Federal -Mogul has maintained employment
levels consistently between 300 and 400 full time positions with total salaries between $18 and $20 million. Total gross sales
generated from the South Bend facility averaged $82 million over the past 5 years despite a very difficult economy.
8. The commonly known address of the REAL property where the Equipment is to be
located is: 3605 W. Cleveland Rd., South Bend, IN
9. The Key Number(s) of said property is: 25- 1013 -0218
10. A legal description of the REAL property where the Equipment is to be located is
attached hereto, marked "Exhibit A," and incorporated herein.
11. A map and /or plat describing the REAL property where the Equipment is to be
located is attached hereto, marked "Exhibit B," and incorporated herein.
(Rev. 5/13/11)
12. Photographs of the REAL property, taken within two (2) weeks of filing of this
petition are attached hereto, marked "Exhibit C," and incorporated herein.
13. The current assessed valuation of the tangible personal property to be replaced by
the new Equipment is $ only a small portion of older eauinment is being replaced.
(This information may be obtained at the St. Joseph County Assessor's office, 235-
9523)
14. The current use of the REAL property where the Equipment is to be installed is
Manufacturina and the current zoning is 320 - Industrial Foundries /Heavy Mfq.
(This information may be obtained from the Building Department, 235 -9553)
15. List the real and personal property taxes paid at the location during the previous
five years, whether paid by the current owner or a previous owner:
YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES
2010Pay2011 $155,729.54 $869,887.62
2009Pay2010 $151,211.36 $872,687.68
2008Pay2009 $169,488.22 $891,007.64
2007Pay2008 $250,256.47 $932,849.14
2006Pay2007 $236,842.61 $800,551.62
(This information may be obtained from the St. Joseph County Treasurer's office,
235 -9531)
16. Describe the commitment made within the past five years by your firm to hiring
minority individuals, including number of minorities employed during each of the
past five years, specifying whether full -time or part -time and whether permanent or
temporary employees. The Petitioner shall also list the current number of total
employees (full and part -time) and the current number of minority individuals (full
and part- time).
Federal -Mogul Powertrain, Inc. will continue to comply with the Equal Employment Opportunity Commission.
We will continue to be actively involved with the Indiana Department of Training Service & On The Job Training (OJT) Program.
Current total employees Full -Time Permanent is 134 out of 409, and Full -Time Temporary is 8 out of 23, as of 12/31/2011.
17. Describe on -site child care or day care facilities, services or benefits currently
offered or proposed to be offered by the Petitioner for children of employees.
Federal -Mogul Powertrain, Inc. offers a dependent child care benefit through a pretax payroll deduction.
18. What is your best estimate of the market value of the new Equipment after
installation? $ 8.720,800: Cost 21,802,000 x DLGF Percentage Good for Year 1, Pool #2 of 40%
19. What is your best estimate of the amount of taxes to be abated during each of the
five years after Installation? $ Estimated at $50,000 due to 4,urrent DLGF prescribed tax calculation method
(Rev. 5 /13/11)
20. What is the commitment your firm will make to minority employment during the five
years of tax abatement?
Federal - Mooul Powertrain, Inc. will continue to comply with the Equal Employment Opportunity Commission. Additionally,
Federal -Mogul Powertrain, Inc. will continue to be actively involved with the Indiana Department of Training Service and
On The Job Training (OJT) program.
21. The Equipment has not been installed as of the date of filing of this petition.
(The signature at the end of this Petition is verification of this statement)
22. Has your business been granted previous tax abatement(s)? If yes, please
provide type (real and /or personal property), term and date of approval. (Please
attach a separate sheet if more space is needed)
ABATEMENT TYPE TERM DATE OF APPROVAL
3641 -06 - A Six -Year Personal Property Abatement approved on July 28, 2006
3397 -04 - A Six -Year Personal Property Abatement approved on October 28, 2004
2929 -00 - A Ten -Year Real Estate Abatement approved on September 28, 2000
Several Other Personal Property Abatements were approved in 2003 and earlier years.
23. The Standard Industrial Classification (SIC) or North American Industry
Classification Systems (NAICS) major group within which the proposed project
would be classified, by number and description is:
7310
24. The Internal Revenue Service Code of Principal Business Activity by which the
proposed project would be classified, by number and description is:
3710 - Manufacturing for Automotive Parts
25. The REAL property where the Equipment will be installed is located in the following
Allocation Area, if any, declared and confirmed by the South Bend Redevelopment
Commission: N/A
26. Other anticipated public financing for the project including, if any, industrial
revenue - bonding to be sought or already authorized, assistance through the United
States Department of Housing and Urban Development funds from the City of
South Bend, Small Business Administration Sections 503 and 504 financing
through the Business Development Corporation of South Bend, Mishawaka, and
St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial
assistance, including but not limited to public works improvements.
None
(Rev. 5/13/11) 4
27. Describe how and why the manufacturing equipment, research and development
equipment, logistical distribution equipment and /or information technology
equipment to be replaced or the facility in which the Equipment will be added is
currently technologically, economically or energy obsolete and how and why that
obsolescence may lead to a decline in employment and tax revenues:
Approval of this application will allow continued capital investment in the South Bend Federal -Mogul facility - without
additional investment and greater production efficiencies offered by newer processes and new product lines, more than 70%
of the existing production would likely be shifted outside of Indiana - most likely to another country- employment levels and
resulting tax revenues would both decline accordingly.
28. The new manufacturing equipment, new research and development equipment,
new logistical distribution equipment and /or new information technology equipment
to be installed will be used for one (1) or more of the uses listed within the
definitions of New Manufacturing Equipment, New Research and Development
Equipment, New Logistical Distribution Equipment and New Information
Technology Equipment set forth in I.C. 6 -1.1 -12.1 et sea• and the Equipment was
never before used by its owner for any purpose in Indiana. (The signature at the
end of this Petition is verification of this statement.)
29. The following person(s) should be contacted as Petitioner's agent regarding
additional information and public hearing notifications:
Name: Charles O'Connor, Plant Controller
Address: 3605 W. Cleveland Rd.
City, State, Zip Code south Bend, IN 46628
Telephone: (574) 272 -5900
E -mail Address: Charles. O'Connorla-Dfederalmoou1.com
WHEREFORE, Petitioner requests that the Common Council of the City of South Bend,
Indiana, adopt a declaratory resolution designating the area described herein to be an
economic revitalization area for purposes of tangible personal property tax abatement
consideration, and after publication of notice and public hearing, determine
qualifications for an economic revitalization area have been met, and confirm such
resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover
processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of
the City of South Bend has been paid in full.
rrVied
yt
(Rev. 5/13/11)
Name of Property Owner(s):
Federal -Mogul Corporation, dba Federal -Mogul Powertrain, Inc.
(Signed Name)
Charles O'Connor, Plant Controller, Federal -Mogul Powertrain, Inc.
(Typed or printed name and capacity of signor if signed by
an agent or representative of the owner)
FEDERAL -MOGUL POWERTRAIN, INC. -
-LEGAL DESCRIPTION OF REAL PROPERTY
EXHIBIT A
A tract of land in part of the East half of Section 21, Township.
38 North, Range 2 Fast, 2nd P.X. St. Joseph County, Indiana, and
more particularly described as follows:
Beginning i ng at a point on the East -Rest Half section line of said
East Half North- 88 degrees 53 minutes 36 seconds East 915.58'feet
from the center• of said 'Section 21; thence North 0 degrees 56
miriutes 57 seconds West 338.80 -feet; thence North 88 degrees 53
minutes 36 seconds East, parallel with the East -West half section
line of said Section, 800.00 feet; thence South•0 degrees 56
minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14
feet along'an•,arc to the right having a radius of 4463.66 feet
and subtended by a long chord having a bearing of North 54
degrees 36 minutes 59 seconds West and a distance of 549.80 feet;
thence North 51 degrees 05 minutes 08 seconds West 465.22 feet;
thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to
the East -West Ralf section line of said East half the point of
4, and -- ta' - 93 -a e or less
0
g.
CITY CL 1y9 ,. "m
AE PISTON PRODUCTS, INC-
TANGIBLABEAT AAPPLIICATIOIVTAX
NT
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EXHIBIT B
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