HomeMy WebLinkAboutAmending Chapter 2 Article 6 Entitled Tax Abatement Procedures ORDINANCE No. 7808-87
Passed by the Common Council of the City of South Bend, Indiana
October 12, 87
T 9
Attest: � City Clerk
IRENE K. GAMMON
r'd } / President of Common Council
Attes � ( � f
Presented by me to the Mayor of the City of South Bend, Indiana _
October 13 , T987
City Clerk
IRENE K. GAMMON
J
Approved and signed by me Oern( -2_ T9 g
/
Mayor
•
ORDINANCE NO. 7 g 8' 7
AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE_.
CHAPTER 2, ARTICLE 6, ENTITT.FT)_.
TAX ABATEMENT PROCEDURES .
STATEMENT OF PURPOSE AND INTENT:
It is the intent of this Ordinance to amend Chapter 2, Article 6 of
the Municipal Code of the City of South Bend to include a definition of
retail use for tax abatement purposes.
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 2-76(a) of the South Bend_.
Municipal Code is amended to read in its entirety as follows:
2-76(aA) Definitions. As used in this. chapter:
(1) Minority shall mean:
(a) Black (all persons having origins in any of the
Black African racial groups not of Hispanic origin) ;.
(b) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish culture or origin,
regardless of race..) ;
(c) Asian and Pacific Islander (all persons having
origins in any of the original peoples of the. Far East, Southeast. Asia,. .
the. Indian Subcontinent, or the Pacific. Islands). ; or
(d) American Indian or Alaskan Native (all persons.
having origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and
participation or community identification) .
(2) New manufacturing equipment shall mean tangible personal
property as defined by I.C. 46-1.1-12.1-1(3 ) .
(3 ) Retail shall mean uses listed within Division G, major.
groups 52-59 of the Standard Industrial Classification Manual.
(34) Tax abatement impact area shall mean the following
areas located within the City of South. Bend:
Two (2) parcels of land being parts of the City of South
Bend, Portage. Township, St. Joseph County, Indiana, and being more
particularly described as follows, viz. :
Beginning at the intersection of the southeasterly
right-of-way line of the Chicago, Indiana, and Southern Railroad, and .
the first alley north of Lincolnway West, extended, in said City;
thence southeasterly, south and east along said alley, including Lot 11 .
of the Augustine Addition, to its intersection with the centerline of
Blaine Avenue; thence south along said centerline to its intersection .
with the centerline of Lindsey Avenue; thence east along said center-
line to its intersection with the centerline of Allen Street; thence
south along said centerline to its intersection with the first alley
north of Lincolnway West; thence south and east along said alley to its
intersection with the centerline of Cushing Street; thence south along
said centerline to its intersection with the south boundary of Jas.
Kent' s Subdivision of Bank Out Lot 114 and part of 113 ; thence north-
easterly along said boundary and continuing along the south boundary of.
Burrough' s Subdivision of Out Lot 115 to its intersection with the
first alley west of Portage Avenue; thence northwesterly along said.
alley, extended, including Lots 1, 2, 3 , 8, 9 , and 10 of the St. Joseph
County Agricultural Society Addition, Lots 24, 23 , 22, 16, and 15 of
•
intersection with the west boundary of a tract of land conveyed to
Charles D. Derr by a deed recorded in Deed. Record. Number 831.2224 in the.
office of. the Recorder. of St. Joseph County, Indiana; thence north and.
west along said boundary, extended, to its intersection with the first.
alley north of. Elwood. Avenue, extended; thence east along said alley,
extended, to its intersection with the first alley east of Portage
Avenue; thence south and southeasterly along said alley extended,
including a tract of land conveyed to Charles B. and Elinor K. Burkhart.
by a deed recorded in. Deed Record 647, Page 392 in the office of the
Recorder of St. Joseph County, Indiana, a tract of land conveyed to
Laurence D. and Dorothy L. Jones by a deed recorded in Deed Record_
Number 8015987 in the office of the Recorder_ of. St. Joseph County, Lot
143 of Portage Park, Lot 18 of the Chapin Place. First. Plat, and Lots 3
and 2 of the C. Fassnacht Addition, to its intersection with the south .
boundary of Burrough' s Subdivision of Out Lot 115; thence northeasterly
along said boundary and continuing east along the first alley north of
Marion Street to its intersection with the centerline of St. Joseph .
Street.; thence south along said centerline to its intersection with the
centerline of Marion Street.; thence east along said centerline,
extended, to its intersection with the centerline of the St. Joseph_
River; thence northerly along said centerline to its intersection with...
the first alley south of Corby Street, extended.; thence east along said...
alley to its intersection with the first alley west of Hill Street;
thence south along said alley, extended.,. to its intersection with the
first alley south. of Kalorama Street; thence east along said alley to.
its intersection with the first alley east of Hill Street; thence south.
along said alley to its intersection with the centerline of Jefferson
Boulevard.; thence west along said centerline to its intersection with
the centerline of the. St. Joseph. River; thence_ southeasterly and .
northeasterly along said centerline to its intersection with the .
centerline of Ironwood Road; thence south along said centerline to its
intersection with the north boundary line of the New York. Central.
Railroad; thence west and northwesterly along said boundary line_ to its
intersection with the first alley east. of Miami Street, extended;;
thence southerly along said alley, extended including Lots 26, 25 , 24,
23 , 22, and 21 of Jacob Leer' s survey, to its intersection with the
centerline of Oak. Park Court; thence west along said centerline to its
intersection with the centerline of Miami Street; thence south along
said centerline to its intersection with the centerline of Dubail..
Avenue; thence west along said centerline to its intersection with the
first alley west of Miami Street; thence north along said alley to its
intersection with the centerline of Pennsylvania Avenue; thence east.
along said centerline to its intersection with the centerline of Miami .
Street; thence north along said centerline to its intersection with the
centerline of Brook Street; thence northwesterly along said centerline_..
to its intersection with the west boundary of Wenger and Krieghbaum's
Vistula Avenue Addition; thence north and northwesterly along said
boundary to its intersection with the northwesterly right-of-way line
of the Grand Truck Western Railroad; thence west and northwesterly
along said right-of-way line to its intersection with the first alley
south of Sample Street; thence west along said alley, extended, to its
intersection with the centerline of Carroll Street; thence south along
said centerline of Ohio Street; thence west along said centerline to .
its intersection with the first alley east of Michigan Street; thence_
south along said alley, extended, including Lots G and H of Elder
Place, to its intersection with the centerline of Ewing Avenue; thence
west along said centerline to its intersection with the east
right-of-way line of the Pennsylvania Railroad; thence north along said..
right-of-way line to its intersection with the first alley south of
Indiana. Avenue, extended; thence west along said alley, extended,
including Lots 12, 13 , 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 , and 24
of Creed' s Second Addition, Lots 55, 56 , and 57 of Stull's Fourth
Addition, and Lot A of Raff' s Fourth Addition, to its intersection with.
the centerline of Catalpa Avenue; thence south along said centerline to
its intersection with the centerline of Dubail Avenue; thence west.
•
along said centerline for approximately 480 feet; thence west
approximately 381.6 feet to its intersection with the centerline. of
Catalpa Street; thence south approximately 175 feet, to its
intersection with the centerline of. Kerr Street; thence west 220 feet;
thence south approximately 265 feet; thence west 760.1 feet; thence .
southwest along the boundary of parcel 841 of NW 1/4 Section 14-37-2E
for 149 .5 feet; thence continuing northwest along said parcel boundary
for 116.1 feet to its intersection with the southern boundary of Parcel..
841.04 of NW 1/4 Section 14-37-2E., as recorded in the Portage Township.
Assessor' s office, Plat Book 8 , Page 21-A; thence west 81.5 feet along
said boundary; thence north 250 feet; thence west 150 feet; thence
north 141.25 feet; thence west approximately 172 feet to its.
intersection with the centerline of Webster. Street; thence south along.
said centerline for 1.41.25. feet; thence west 330 feet; thence south
approximately 290 feet;. thence west approximately 282 feet to its.
intersection with the centerline of Walnut Street; thence south along
said centerline for approximately 30 feet; thence west approximately .
657 feet; thence north approximately 360 feet; thence west
approximately 240 feet to the centerline of Humphrey's Court; thence..
north along said centerline for approximately 493 feet; thence west 180
feet; thence south approximately 493 feet; thence west approximately
2538. feet to its intersection with the centerline of Olive Street;
thence north along said centerline for 429.6 feet to its intersection_.
with the centerline of Sample Street; thence west approximately 600
feet along said centerline to its intersection with the north boundary
of the New Jersey and. Illinois Railroad.; thence southwest along said..
railroad boundary for approximately 1070 feet, including Lots 1, 2, 3 ,
4, 5, 6 , 7, 8, and 9 of the proposed. Sample Industrial Addition; thence_
continuing southwest for approximately 640 feet; thence north 311.5
feet; thence west 369.7 feet; thence north 503 feet; thence west 300
feet; thence south approximately 145.2 feet; thence west approximately
965 feet; thence south 369.6 feet; thence west. 193.5 feet; thence north_
350 feet; thence west 18 feet; thence south 350 feet; thence west
approximately 295.8 feet to its intersection with the centerline of
Sheridan Street; thence north along said centerline for approximately
890.6 feet to its intersection with the centerline of Sample Street;
thence east approximately 180 feet along said centerline to its
intersection with the centerline of Sheridan Street; thence north..
approximately 157 feet to its intersection with the centerline of the .
first east-west alley, extended, north of Sample Street; thence east
along said centerline to its intersection with the centerline of Olive
Street, which includes Sections G and H and Lots 210, 211, and 212 of.
Belle Village; Lots 149 , 150, 151, 152, 153 , 154, 177, 178, 179, 180 ,
181, and 182 of Belleville's First Unit; Sections G and H of
Belleville' s Second Unit; Lots 1550, 1549, 1548, 1441, 1440, 1439,
1438, 1437, 1436, 1329, and 1328 of the Fifth Plat of Summit Place;
Lots 1326, 1325 , 1324, 1217, 1216 , 1215, 1214, 1213 , 1212, 1105, 1104,
and 1103 of the Fourth Plat of Summit Place; Lots 1102, 1101, 1100,
1000, 999, 998 , 997, 996, 995 , 994, 993 , 992, 991, 990, 682, 681, 680 ,
587, 586 , 585 , and 584 of part of the Third Plat of Summit Place;
thence south along said centerline approximately 157 feet to its.
intersection with the centerline of Sample Street; thence east along
said centerline to its intersection with the centerline of Chapin
Street; thence north along said centerline to its intersection with the
centerline of Prairie Avenue; thence east and northeasterly along said.
centerline to its intersection with the centerline of South Street;
thence east along said centerline to its intersection with the first
alley west of William Street; thence north along said alley, extended,
including the eastern half of State Bank Out Lots 24, 22, and 15 and
Lot 4 of William Miller' s Subdivision of Bank Out Lots 8 and 9, to its
intersection with the first alley southwest of Lincolnway West,
extended; thence northwesterly along said alley, extended, including
Lots 6 , 4, 2 and 1 of the Horatio Chapin Subdivision of Bank Out Lots 1
and 2, Lots 14, 13, 12, and 11 of the Rebecca Studebaker Subdivision,
r.r1- 1 and 1.4 of the G. Rush Subdivision. Lots 1 and 11 of Heintzman' s
And,
Beginning at the intersection of the centerline of.
Sheridan Street and the first alley north of Western Avenue, extended,.
in said City; thence east along said alley, extended., to its .
intersection with the first alley east of Meade. Street; thence north.
along said alley to its intersection with the first alley north of
Washington. Street, extended; thence east along said alley, extended,
including Lots 2,. 3, 4, 5, and 6 of Kaley's Second Subdivision and Lots
112, 113 , 122, 123 , 124, 132, 133 , and 134 of Oak Grove' s First
Addition, to its intersection with the centerline of O'Brien_ Street;
thence south along said centerline to its intersection with the .
centerline of Washington Avenue; thence east along said centerline to
its intersection with the centerline of Brookfield Street;. thence north_
along said centerline to its intersection with the centerline of Colfax
thence east along said centerline, extended, to its
intersection with the centerline of Adams Street; thence south along .
said centerline to its intersection with the centerline of Liston..
Street; thence east along said centerline to its intersection with the .
first alley east of Circle Avenue; thence south along said alley to its.
intersection with the first alley north of Washington Avenue; thence.
east along said alley to its intersection with the centerline of. Laurel...
Street, extended; thence south along said centerline, extended, to its.
intersection with the first alley south of Washington Avenue; thence..
west along said alley to its intersection with the centerline of Cherry
Street; thence south_ along said centerline., extended, to its.
intersection with the northeasterly right-of-way line of the New York_
Central Railroad; thence southeasterly along said right-of-way line to
its intersection with the centerline of Walnut Street; thence north_.
along said centerline to its intersection with the first alley north of .
Western Avenue; thence east along said alley to its intersection with
the line. 1.32.0 feet west of and parallel to the west right-of-way line_
of Chapin. Street; thence north along said line, extended, including Lot
10 of the Ann Thomas Subdivision of the Mid.. Part of Bank. Out Lot 74,
to its intersection with the line 159.72 feet north and parallel to the
north right-of-way line of Jefferson Boulevard; thence east along said
line to its intersection with the. line 18.1.5 feet east of and parallel..
to the east right-of-way line of Chapin Street; thence south_ along said
line, extended, to its intersection with the first alley south of
Western Avenue; thence west along said alley, extended, including a
tract of land conveyed to Michiana Marlin Swim Club, Inc. , by a deed
recorded on Deed Record Number 8400928 in the office of the Recorder of .
St. Joseph County, Indiana, and the. Benjamin Harrison School, to its
intersection with the centerline of Sheridan Street; thence north_ along .
said centerline to its intersection with the first alley north of
Western Avenue, extended, which is the point of beginning.
SECTION II. This Ordinance shall be in full force and effect after
its passage by the Common Council and approval by the Mayor.
r 4
ember/•f the Common Ctajrcil
dr
1st READING 9- 2"--7
CITY of SOUTH BEND
°go ll`8 ®a®® ROGER O. PARENT, Mayor
t`'t DEPARTMENT OF ECONOMIC DEVELOPMENT
0 v 1 acts -
�® : I 1200 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 48601 219/284-9371
em mgm-}:_
JON R. HUNT
EXECUTIVE DIRECTOR
ANN KOLATA
DEPUTY EXECUTIVE DIRECTOR
September 22, 1987
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Dear Council Members
The enclosed ordinance amends the tax abatement ordinance by
providing a definition of the word retail. Currently the
definition of retail seems to be open to interpretation, with some
people using a broad definition to include services such as banking
and insurance. That is not what the Standard Industrial
Classification Manual would define as retail. This ordinance adds
a definition of retail to include uses within Division G, Major
Groups 52 through 59 of the Standard Industrial Classification
Manual.
If you have any questions about this matter I will be glad to
discuss this with you. i respectfully request your approval of
this Ordinance.
Sincerely,
6(/ ei!,44.!:—
/S/
Ann E. Kolata
Deputy Executive Director
Enclosure
922
REDEVELOPMENT COMMUNITY DEVELOPMENT HOUSING REHABILITATION HUMAN RIGHTS FISCAL & PROGRAM
ANN KOLATA & BUSINESS ASSISTANCE KATHRYN BAUMGARTNER MARY E. ALLEN
MANAGEMENT
284-9371 DONALD INKS 284-9475 284-9355 ELIZABETH LEONARD
284-9335
284-9335