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Home My WebLink About4963-22 Resolution Confirming RP Tax Abatement for 3585 Moreau Ct United States of America ***.?..**0,:::* .*+ ►*" i.,,,,sh . - FILED - . SEP 21 2022 CertificateST JOSEPI j AUDITOR STATE OF INDIANA, COUNTY OF ST JOSEPH, ss: I, Dawn M. Jones, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of RESOLUTION 4963-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3585 MOREAU CT., SOUTH BEND, INDIANA 46628 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JUNE 27, 2022 PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, JUNE 29, 2022 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: DAWN M. JONES, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and ffiixxx d the official Seal of the City of South Bend, St. Joseph County, Indiana, this,,Pd day o 20 AZ Dawn M. Jones Clerk of the City of South Bend St. Joseph County, Indiana By: ��4�4f/I De uty RESOLUTION No. 4963-22 Passed by the Common Council of the City of South Bend, Indiana June 27, 20 22 . Attest: City Clerk Dawn M. Jones &I“Aink •M C-3114/- Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 27, 20 22 diu,„D (yx/i./) City Clerk Dawn M. Jones 7-520 ZZ Approved and signed by me �. Mayor BILL NO. 22-30 RESOLUTION NO. 4963-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3585 MOREAU CT., SOUTH BEND, INDIANA 46628 FOR Toyo Seiko North America Inc. WHEREAS, on December 9, 2019, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4832-19 (the "2019 Resolution"), approving a six (6) year real property tax deduction for a new industrial building located at 3585 Moreau Ct., South Bend, IN 46628 (the "Building") by Toyo Seiko North America Inc. , Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND. CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of Toyo Seiko North America Inc. deduction application, Toyo Seiko North America, Inc. described for the Common Council that Toyo Seiko North America, Inc. would by the end of the three(3) year designation period (a) invest $1,600,000 on construction of a new industrial building, (b) retain four(4)jobs and create, at least, one (1)job; WHEREAS, Toyo Seiko North America Inc. completed a construction of 26,000 S.F. building and has met all objectives in its deduction application; WHEREAS,while Toyo Seiko North America, Inc submitted its CF-1/RP form to the City of South Bend Department of Community Investment in May 2021 and May 2022, the company inadvertently failed timely and properly to file the Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas ("Form 322/RE") and the related Compliance Statement of Benefits Real Property Deduction("CF-1/RP")to the St. Joseph County Auditor; WHEREAS,the Common Council recognizes that(a)Toyo Seiko North America, Inc. has fulfilled its pledge to construct a new industrial building; (b) Toyo Seiko North America, Inc. has requested a waiver of its inadvertent oversight for filing of the Application Forms in the wrong office to claim benefits of the tax deduction for the first year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (c) Toyo Seiko North America, Inc would have been entitled to receive the tax deduction for the first two years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the building construction located at 3585 Moreau Ct, South Bend, Indiana (the "Property"), and (b) inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322/RE "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas"to claim the benefits of a tax deduction for the January 1, 2021 assessment date of the Property. 1 SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to purchase, improve, and conduct operations at the Property contemplated as part of the 2019 Resolution(the"Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021 and 2022 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2019 Resolution as of the January 1, 2021 and January 1, 2022 assessment dates, all as is permitted under IND.CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND.CODE § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2021-Pay-2022 and the 2022-pay-2023 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2019 Resolution; (b)the tax deduction application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Sik4A4t l, -Mc3)14 Sharon L. McBride, Council President South Bend Common Council 2